STATE v. HODGSON

No. 14661.

603 P.2d 246 (1979)

STATE of Montana, Plaintiff and Respondent, v. Thomas L. HODGSON, Defendant and Appellant.

Supreme Court of Montana.

Decided November 28, 1979.


Attorney(s) appearing for the Case

John L. Adams argued, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Chris D. Tweeten argued, Asst. Atty. Gen., Helena, Harold F. Hanser, County Atty., Billings, James D. Walen argued, Dep. County Atty., Billings, for plaintiff and respondent.


SHEA, Justice.

Defendant appeals his conviction in the Yellowstone County District Court for the crime of deviate sexual conduct. He raises three issues: double jeopardy, denial of a speedy trial, and inadmissibility of his confession.

The double jeopardy claim and speedy trial claim arise out of an unusual, if not unique, set of circumstances. Defendant was initially convicted on May 23, 1978 of the crime, but was prevented from taking a meaningful appeal...

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