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STATE v. LUNDBLADE

No. 79-50.

625 P.2d 545 (1981)

The STATE of Montana, Plaintiff and Respondent, v. Carl Roger LUNDBLADE, Defendant and Appellant.

Supreme Court of Montana.

March 24, 1981.

Attorney(s) appearing for the Case

K.M. Bridenstine argued, Polson, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Allan Chronister argued, Asst. Atty. Gen., Helena, Richard P. Heinz argued, County Atty., Polson, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendant Carl Roger Lundblade appeals from a felony theft conviction, following a jury trial in District Court, Lake County. We reverse the conviction and remand the cause to District Court for a new trial.

The defendant operated a diesel repair shop in Polson, Montana, for a time prior to his arrest in December 1978. One of his regular customers was the complaining witness in this case, Warren G. Harding, d/b/a

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