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STATE v. BRETZ

No. 13550.

590 P.2d 614 (1979)

STATE of Montana, Plaintiff and Respondent, v. L.R. BRETZ and Merrel J. Cline, Defendants and Appellants.

Supreme Court of Montana.

Decided February 5, 1979.

Attorney(s) appearing for the Case

Frank B. Morrison, Sr., argued, Whitefish, Donald E. Hedman, argued, Whitefish, Richard W. Anderson, argued, Billings, for defendants and appellants.

Mike Greely, Atty. Gen., Helena, Robert S. Keller, Sp. Asst. Atty. Gen., argued, Kalispell, James Masar, County Atty., Deer Lodge, for plaintiff and respondent.

SHEEHY, Justice.

Defendants L.R. Bretz and Merrel J. Cline each appeal from judgments of conviction against them on June 18, 1976, based on verdicts of guilty for certain criminal offenses after jury trial.

On August 27, 1975, L.R. Bretz and Merrel J. Cline were charged in a five-count information with criminal acts alleged to have occurred while the two were serving time on prior convictions within the prison at Deer Lodge. The original information charged...

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