STATE v. WELLS

No. 82-131.

658 P.2d 381 (1983)

The STATE of Montana, Plaintiff and Respondent, v. George Clayton WELLS, Defendant and Appellant.

Supreme Court of Montana.

Decided February 4, 1983.


Attorney(s) appearing for the Case

Bauer & Kuether, Mark Bauer argued and Charles W. Kuether argued, Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., James Mclean argued, Asst. Atty. Gen., Helena, J. Fred Bourdeau, County Atty., Great Falls, Thomas McKittrick argued, Deputy County Atty., Great Falls, for plaintiff and respondent.


SHEEHY, Justice.

Defendant Wells was convicted in the District Court, Eighth District, Cascade County, of aggravated assault, aggravated burglary, and attempted sexual intercourse without consent. This appeal follows.

In the early morning hours of August 18, 1981, Terry W., the twelve year old victim of Wells' attack, was asleep in the bedroom off the living room of her grandparent's home in Great Falls. Her grandfather, the only other person in the house...

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