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STATE v. BAIN

No. 13754.

575 P.2d 919 (1978)

STATE of Montana, Plaintiff and Respondent, v. Allyn Wesley BAIN, Defendant and Appellant.

Supreme Court of Montana.

Decided March 1, 1978.

Attorney(s) appearing for the Case

Smith, Connor, VanValkenburg & Larrivee, Fred Van Valkenburg (argued), Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Robert L. Deschamps, III, County Atty., Missoula, Edward McLean, Deputy County Atty. (argued), Keith Maristuen, Missoula, for plaintiff and respondent.

R.D. McPHILLIPS, District Judge.*

This is an appeal by defendant Allyn Wesley Bain from a conviction by a jury in the District Court, Missoula County.

In the early evening of May 10, 1976, defendant walked from downtown Missoula, Montana to the 2000 block of South Avenue to visit family friends. When he left his friends' house about 11:00 p.m. it was windy and raining lightly.

Defendant did not live in Missoula, but was...

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