STATE v. PEAVLER

No. 81-316.

636 P.2d 270 (1981)

The STATE of Montana, Plaintiff and Respondent, v. Leonard Dave PEAVLER, Defendant and Appellant.

Supreme Court of Montana.

Decided November 19, 1981.


Attorney(s) appearing for the Case

Mark Bauer, Public Defender, Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, J. Fred Bourdeau, County Atty., Great Falls, for plaintiff and respondent.


HARRISON, Justice.

This is an appeal from a conviction of burglary committed in Cascade County. The appellant was tried by a jury and sentenced to five years as a nondangerous offender.

The sole issue is whether the District Court erred in excluding expert testimony on whether appellant's alleged intoxicated condition deprived him of his capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.

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