SHEEHY, Justice.
Defendant appeals from a Yellowstone County District Court conviction on one count of sexual intercourse without consent.
The issues presented are: (1) whether the District Court erred in refusing a Smith-type jury instruction; (2) whether the jury was properly instructed on the consent issue; and (3) whether the court erred in refusing to order depositions of two witnesses.
On the night of July 2, 1979, defendant and his twenty...
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