STATE v. McCARTNEY

No. 14058.

585 P.2d 1321 (1978)

The STATE of Montana, Plaintiff and Respondent, v. Charles McCartney, Defendant and Appellant.

Supreme Court of Montana.

Decided November 8, 1978.


Attorney(s) appearing for the Case

Bradley B. Parrish, argued, Lewistown, for defendant and appellant.

Mike Greely, Atty. Gen., Charles R. Anderson, Asst. Atty. Gen., argued, Helena, William J. Spoja, County Atty., Robert Knopp, Deputy County Atty., argued, Lewistown, for plaintiff and respondent.


HASWELL, Chief Justice.

Defendant appeals from his conviction by the District Court, Fergus County, after a nonjury trial before Judge LeRoy L. McKinnon. Defendant was charged with one count of felony theft and one count of felony forgery. The trial court found defendant guilty of both crimes and sentenced him to five years in the state penitentiary, with four years suspended. On appeal, defendant contends that the state failed to prove the elements of felony theft...

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