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STATE v. KELLY

No. 82-422.

661 P.2d 26 (1983)

STATE of Montana, Plaintiff and Respondent, v. James Patrick Kelly, Anthel L. Brown, Defendants and Appellants.

Supreme Court of Montana.

Decided March 17, 1983.

Rehearing Denied April 14, 1983.

Attorney(s) appearing for the Case

C.F. Mackay, Anaconda, for defendants and appellants.

Mike Greely, Atty. Gen., Helena, Ted Mizner, County Atty., Deer Lodge, for plaintiff and respondent.

SHEEHY, Justice.

Defendants were convicted in a nonjury trial of escape from the Montana State Prison. They were sentenced by the District Court of the Third Judicial District, Powell County, to four additional years in prison, to be served consecutively. On appeal, defendants claim they were denied the right to a speedy trial.

The defendants escaped from the Montana State Prison on February 15, 1982, and were apprehended on February 20, 1982. On March 11...

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