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STATE v. DAUGHERTY

No. 14284.

603 P.2d 1041 (1979)

The STATE of Montana, Plaintiff and Respondent, v. John Edward DAUGHERTY, Defendant and Appellant.

Supreme Court of Montana.

Decided December 10, 1979.

Rehearing Denied January 3, 1980.

Attorney(s) appearing for the Case

Patrick D. McGee (argued), Butte, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Sheri K. Sprigg (argued), Asst. Atty. Gen., Helena, John G. Winston, County Atty., Butte, Michael E. Wheat (argued), Deputy County Atty., Butte, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendant appeals from his conviction of forgery following a bench trial in the District Court of Silver Bow County.

In March 1977, a federal tax return check was stolen from the mailbox of Hubert J. Worring in Butte, Montana. This check was allegedly endorsed and cashed at Ossello's by defendant John Edward Daugherty and Donna LaTray on March 28, 1977. They allegedly received a television set, a CB radio and some cash in the exchange...

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