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STATE v. STUIT

No. 13556.

576 P.2d 264 (1978)

STATE of Montana, Plaintiff and Respondent, v. Duane STUIT, Defendant and Appellant.

Supreme Court of Montana.

Decided March 22, 1978.

Attorney(s) appearing for the Case

Greg J. Skakles argued, Anaconda, for defendant and appellant.

Michael T. Greely, Atty. Gen., Helena, J. Denny Moreen argued, Asst. Atty. Gen., Helena, James J. Masar, County Atty., Deer Lodge, for plaintiff and respondent.

DALY, Justice.

Duane Stuit an inmate of Montana state prison was convicted by jury verdict for the crime of escape, a felony in violation of section 94-7-306, R.C.M. 1947. The District Court, Powell County, ordered defendant be punished by confinement in Montana state prison for 10 years. Defendant appeals from the judgment of conviction.

On February 13, 1976, defendant, while in the lawful custody of Montana state prison, fled the confines of the prison and...

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