STATE v. ROSE

No. 14704.

608 P.2d 1074 (1980)

STATE of Montana, Plaintiff and Respondent, v. William Newton ROSE, Defendant and Appellant.

Supreme Court of Montana.

Decided April 2, 1980.


Attorney(s) appearing for the Case

Hirst, Dostal & Withrow, John A. Dostal argued, Michael J. Sherwood, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Chris Tweeten, Asst. Atty. Gen., argued, Helena, Robert L. Deschamps III, County Atty., Karen Townsend argued, and Tom Beers argued, Deputy County Attys., Missoula, for plaintiff and respondent.


HASWELL, Chief Justice.

Defendant appeals from a denial of his motion for a new trial following his conviction of burglary by a jury in the District Court of Missoula County.

Dr. John Opalka was on vacation in March 1978. A neighbor, Rae Dabbert, had been asked to watch the Opalka home, to water plants and pick up mail. On March 2, 1978, she was in the home and all was in order. On Sunday, March 5, Mrs. Dabbert noticed...

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