STATE v. WEESE

No. 79-116.

616 P.2d 371 (1980)

STATE of Montana, Plaintiff and Appellant, v. Artemis D. WEESE, Defendant and Respondent.

Supreme Court of Montana.

Decided September 10, 1980.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Robert Deschamps, III, County Atty., Missoula, for plaintiff and appellant.

Smith, Connor & Van Valkenburg, Missoula, for defendant and respondent.


HASWELL, Chief Justice.

Defendant Artemis Darrell Weese was charged with sexual assault on a 9-year old female child. At the conclusion of the prosecution's case-in-chief, the trial judge dismissed the action on the ground that sexual contact had not been proved as a matter of law. The State appeals. We reverse.

The evidence is clear and uncontradicted. The victim, a 9-year old female, left the home of her babysitter and went to defendant's residence. She...

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