STATE v. WELLING

No. 81-273.

647 P.2d 852 (1982)

STATE of Montana, Plaintiff and Respondent, v. Mike WELLING, Defendant and Appellant.

Supreme Court of Montana.

Decided July 8, 1982.


Attorney(s) appearing for the Case

Charles L. Jacobson, Conrad, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, James C. Nelson, County Atty., Cut Bank, for plaintiff and respondent.


SHEA, Justice.

Defendant appeals from a Glacier County District Court judgment of conviction for burglary and from a finding at sentencing that he was a persistent felony offender.

First, he claims that an instruction impermissibly allowed the jury to infer that he acted with a criminal intent. (The jury was permitted to infer that he intended to commit a theft by the fact that he was apprehended while unlawfully in a bar after it had closed.) Second, he claims...

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