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STATE v. SEITZINGER

No. 13901.

589 P.2d 655 (1979)

The STATE of Montana, Plaintiff and Respondent, v. Jack Ronald SEITZINGER, Defendant and Appellant.

Supreme Court of Montana.

Decided January 18, 1979.

Attorney(s) appearing for the Case

Smith, Connor, Van Valkenburg & Larrivee, Missoula, Fred R. Van Valkenburg (argued), Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Denny Moreen (argued), Asst. Atty. Gen., Helena, Robert L. Deschamps, III, County Atty., Missoula, Ed McLean (argued), Deputy County Atty., Missoula, for plaintiff and respondent.

SHEA, Justice.

Defendant appeals from a jury verdict and conviction of criminal mischief, section 94-6-102, R.C.M. 1947 and the increased sentence imposed, section 95-1506, R.C.M. 1947, by Missoula County District Court.

The facts are reconstructed from testimony adduced at trial.

At about 2:15 a.m. on January 7, 1977, Patrick Gordon was awakened by some loud banging. He went outside and found that it was coming from a trailer across the street. He...

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