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STATE v. GRAY

No. 81-435.

643 P.2d 233 (1982)

STATE of Montana, Plaintiff and Respondent, v. James E. GRAY, Defendant and Appellant.

Supreme Court of Montana.

Decided April 5, 1982.

Attorney(s) appearing for the Case

John E. Riddiough, Timothy D. Geiszler, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Robert E. Brown, County Atty., Hamilton, for plaintiff and respondent.

WEBER, Justice.

Defendant James E. Gray (Gray) was found guilty of criminal mischief with the purpose to defraud an insurer by a jury in the Fourth Judicial District of Montana, Ravalli County. Gray appeals his conviction. We remand for a new trial.

Gray raised several issues on appeal. The following issue is determinative:

Whether it was an error for the District Court to admit evidence of the second incident of criminal mischief.

On August...

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