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STATE v. HART

No. 80-101.

625 P.2d 21 (1981)

STATE of Montana, Plaintiff and Respondent, v. Shirley Busby HART a/k/a Shirley Anne Chittenden, Defendant and Appellant.

Supreme Court of Montana.

Decided January 30, 1981.

Rehearing Denied February 26, 1981.

Attorney(s) appearing for the Case

Morrison Law Offices, Missoula, William Rossbach, argued, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Keith D. Haker, County Atty., Miles City, J. Dennis Corbin, argued, Deputy County Atty., Miles City, for plaintiff and respondent.

HARRISON, Justice.

Defendant appeals a Custer County District Court conviction, by a jury, of theft by accountability, for which she received a five-year sentence and was ordered to make partial restitution.

Three women entered Mann Credit Jewelers in Miles City, Montana, on the afternoon of May 24, 1979. The only employee in the store at the time was a clerk, June Carranza. Carranza testified that the three women...

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