STATE v. GALLAHER

No. 13875.

580 P.2d 930 (1978)

STATE of Montana, Plaintiff and Respondent, v. Lynn C. GALLAHER and Brian J. Coleman, Defendants and Appellants.

Supreme Court of Montana.

Decided June 19, 1978.


Attorney(s) appearing for the Case

Byron W. Boggs argued, Anaconda, for defendants and appellants.

Mike Greely, Atty. Gen., Helena, Allen Chronister, Asst. Atty. Gen., argued, Helena, James J. Masar, County Atty., Deer Lodge, for plaintiff and respondent.


HASWELL, Chief Justice.

Defendants Lynn Gallaher and Brian Coleman appeal from their convictions of committing the offense of escape and from their subsequent designations by the District Court as persistent felony offenders.

At the time of their escape attempt, defendants Gallaher and Coleman were inmates at Montana State Prison, serving sentences for prior felony convictions. On January 6, 1977, Gallaher and Coleman, who had been undergoing hospital care...

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