No. 80-385.

632 P.2d 328 (1981)

STATE of Montana, Plaintiff and Appellant, v. William F. WILLIAMS, Defendant and Respondent.

Supreme Court of Montana.

Decided August 6, 1981.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Cecil Woodgate, Deputy County Atty., Boulder, for plaintiff and appellant.

Small, Hatch & Doubek, Helena, for defendant and respondent.

MORRISON, Justice.

The State of Montana (State) appeals from an order of the District Court of the Fifth Judicial District, Jefferson County, granting defendant's motion for a new trial.

Linda Tittleton and Debra Cunningham reported that their house in Basin, Montana, had been broken into during the late evening of November 9, 1979. Items reported missing included a stereo tape player, stereo tapes, a small black...

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