STATE v. JUST

No. 14197.

602 P.2d 957 (1979)

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

Supreme Court of Montana.

Decided September 17, 1979.

Dissenting Opinion October 22, 1979.


Attorney(s) appearing for the Case

Stacey & Nye, Billings, Calvin J. Stacey, argued, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Mary B. Troland, argued, Asst. Atty. Gen., Helena, Harold F. Hanser, County Atty., Billings, for respondent.


W.W. LESSLEY, District Judge.*

Defendant appeals from his conviction of the crime of sexual intercourse without consent following a jury trial in the District Court of Yellowstone County.

Defendant is the stepfather of the victim, who was thirteen years old at the time of the incident. The specific incident with which defendant was charged occurred on or about January 27, 1977. At trial the victim testified to the following sequence...

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