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STATE v. McCLURE

No. 81-535.

659 P.2d 278 (1983)

STATE of Montana, Plaintiff and Respondent, v. Harold McCLURE, Defendant and Appellant.

Supreme Court of Montana.

Submitted on Briefs January 20, 1983.

Attorney(s) appearing for the Case

Patterson, Marsillo, Tornabene & Schuyler, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Robert L. Deschamps III, County Atty., Missoula, for plaintiff and respondent.

HARRISON, Justice.

Defendant appeals a conviction of burglary entered on October 3, 1980, in the Fourth Judicial District in and for the County of Missoula. The nature of this appeal concerns the defense of entrapment.

The defendant is asking us to find that entrapment existed as a matter of law. This we cannot do. Whether or not defendant was lured or induced into committing the offense was a factual question for...

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