No. 82-06.

648 P.2d 287 (1982)

STATE of Montana, Plaintiff and Respondent, v. Denny Dean SHAW, Defendant and Appellant.

Supreme Court of Montana.

Decided July 15, 1982.

Attorney(s) appearing for the Case

Francis J. McCarvel, Glasgow, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Arnie A. Hove, County Atty., Circle, for plaintiff and respondent.

HASWELL, Chief Justice.

The defendant was found guilty of felony theft following a jury trial in the McCone County District Court. The defendant appeals from the District Court's denial of his motion for a new trial.

At the trial, Jacque Kutzler and James Norwood, who allegedly had been with the defendant at the time the crime was committed, testified for the prosecution. They stated that they had accompanied the defendant in his Suburban from Glendive, Montana...

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