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STATE v. NEEL

No. 13997.

580 P.2d 456 (1978)

STATE of Montana, Plaintiff and Respondent, v. John David NEEL, Defendant and Appellant.

Supreme Court of Montana.

Decided June 15, 1978.

Attorney(s) appearing for the Case

Smith, Connor & VanValkenburg, Noel K. Larrivee, argued, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Marc F. Raciot argued, Asst. Atty. Gen., Helena, Robert L. Deschamps III, County Atty., Missoula, Karen S. Townsend, Deputy County Atty., argued, Missoula, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendant appeals from his conviction of committing sexual intercourse without consent following a jury trial in the Missoula County District Court.

At the time of the incident in question, the defendant, John David Neel, was an employee of the Holding Company, a discodance establishment in Missoula, Montana. On the evening of February 26, 1977, Neel finished work about 8:00 p.m., went home to clean up, and returned to the Holding Company...

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