STATE v. MAXWELL

No. 81-429.

647 P.2d 348 (1982)

STATE of Montana, Plaintiff and Respondent, v. Gregory Kent MAXWELL, Defendant and Appellant.

Supreme Court of Montana.

Decided June 28, 1982.


Attorney(s) appearing for the Case

R. Allen Beck, argued, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Dorothy McCarter, Asst. Atty. Gen., argued, Helena, Harold F. Hanser, County Atty., Klaus Richter, argued, Deputy County Atty., Billings, for plaintiff and respondent.


SHEA, Justice.

Defendant appeals his conviction in Yellowstone County District Court, of sexual intercourse without consent.

Defendant raises several issues. First, he argues that his conviction is unsupported by substantial evidence. This claim is based on the assertion that the testimony of the complaining witness is so inherently incredible that it is unworthy of belief as a matter of law. He also claims that his alibi defense entitles him to a reversal...

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