STATE v. PENDERGRASS

No. 14128.

586 P.2d 691 (1978)

The STATE of Montana, Plaintiff and Respondent, v. Billie Leon PENDERGRASS, Defendant and Appellant.

Supreme Court of Montana.

Decided October 30, 1978.

Rehearing Denied November 22, 1978.


Attorney(s) appearing for the Case

Peter M. Meloy, argued, Helena, for defendant and appellant.

Mike Greely, Atty. Gen., Charles Graveley, County Atty., Mike T. McCabe, Deputy County Atty., argued, Helena, for plaintiff and respondent.


HASWELL, Chief Justice.

Defendant appeals from his conviction of attempted robbery and sexual intercourse without consent following a jury trial in the District Court of Lewis and Clark County.

Around midnight on June 26, 1977, the lone employee at Terry's Convenient Mart in Helena, Montana, was finishing her shift. She had let the last customer out the front door, locked it, shut off the outside lights, and was standing at the checkout counter writing a note...

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