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STATE v. PENDERGRASS

No. 79-115.

615 P.2d 201 (1980)

STATE of Montana, Plaintiff and Respondent, v. Billie Leon PENDERGRASS, Defendant and Appellant.

Supreme Court of Montana.

Decided August 11, 1980.

Attorney(s) appearing for the Case

Peter M. Meloy argued, Helena, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Charles Graveley argued, County Atty., Helena, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendant Billie Leon Pendergrass was convicted of attempted robbery and sexual intercourse without consent in October, 1977. The convictions were reversed by this Court and the case was remanded to the Lewis and Clark County District Court in October, 1978. State v. Pendergrass (1978), Mont., 586 P.2d 691, 35 St.Rep. 1512. (Hereinafter Pendergrass I.) A trial was held and defendant was convicted...

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