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STATE v. OPPELT

No. 13882.

580 P.2d 110 (1978)

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

Supreme Court of Montana.

Decided June 8, 1978.

Attorney(s) appearing for the Case

James A. Lewis, Public Defender (argued), Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, J. Mayo Ashley, Asst. Atty. Gen. (argued), Helena, J. Fred Bourdeau, County Atty., Great Falls, for plaintiff and respondent.

DALY, Justice.

Defendant appeals from a judgment of conviction of aggravated burglary, aggravated assault, and attempted theft entered by the District Court, Cascade County, upon a jury verdict.

At approximately 7:30 a.m., January 15, 1977, the Cascade County sheriff's department notified Jerry Noble, owner and manager of Zooks Tire Center in Great Falls, Montana, that the burglar alarm for his store had sounded. Noble proceeded to his store where he observed...

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