STATE v. ROBERTS

No. 80-412.

633 P.2d 1214 (1981)

STATE of Montana, Plaintiff and Respondent, v. Thomas Dale ROBERTS, Defendant and Appellant.

Supreme Court of Montana.

Decided September 15, 1981.


Attorney(s) appearing for the Case

Sherwood & Hood, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Robert L. Deschamps, County Atty., Missoula, for plaintiff and respondent.


HASWELL, Chief Justice.

Defendant Thomas Dale Roberts was convicted of burglary following a jury trial in the District Court of Missoula County. Judgment was entered thereon sentencing him to five years imprisonment with two years suspended. Defendant appeals from the judgment and sentence.

On September 29, 1979, defendant and his ex-wife Carol were traveling in defendant's green Buick station wagon from Dillon, Montana to Coeur D'Alene, Idaho, where they...

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