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STATE v. SWAN

No. 81-268.

649 P.2d 1297 (1982)

STATE of Montana, Plaintiff and Respondent, v. Gary Joseph SWAN, Defendant and Appellant.

Supreme Court of Montana.

Decided August 19, 1982.

Attorney(s) appearing for the Case

Ralph T. Randono, argued, Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Mark Murphy, Asst. Atty. Gen., argued, Helena, Robert L. Deschamps III, County Atty., argued, Missoula, for plaintiff and respondent.

DALY, Justice.

On a writ of habeas corpus from the United States District Court, Missoula Division, defendant appeals his 1972 convictions of second degree assault (section 94-602, R.C.M. 1947, now repealed) and rape (section 94-4101, R.C.M. 1947, now repealed).

On May 11, 1972, defendant was sentenced to six years for the assault and ninety-nine years for the rape conviction by the District Court of the Fourth Judicial District of the State of Montana, Missoula...

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