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STATE v. PATTON

No. 14482.

600 P.2d 194 (1979)

STATE of Montana, Plaintiff and Respondent, v. Terrance Dwayne PATTON, Defendant and Appellant.

Supreme Court of Montana.

Decided September 25, 1979.

Order September 28, 1979.

Attorney(s) appearing for the Case

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

Mike Greely, Atty. Gen., Helena, Richard Larson, argued, Asst. Atty. Gen., Helena, James Masar, County Atty., Deer Lodge, for plaintiff and respondent.

DALY, Justice.

This is an appeal from a judgment of conviction after a jury verdict for sexual assault in the Third Judicial District, County of Powell.

Defendant was charged by information with two counts of sexual assault in violation of section 45-5-502, MCA. To each charge, defendant pleaded not guilty. Trial by jury commenced on February 27, 1978, and resulted in a hung jury on the first count and a finding of guilty on the second. On April 27, 1978,...

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