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STATE v. BOYER

No. 83-185.

676 P.2d 787 (1984)

STATE of Montana, Plaintiff and Respondent, v. Randall Clifford BOYER, Defendant and Appellant.

Supreme Court of Montana.

Decided February 28, 1984.

Attorney(s) appearing for the Case

Brian J. Smith, Polson, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, John Frederick, County Atty., Polson, for plaintiff and respondent.

HARRISON, Justice.

This appeal arises out of the conviction of appellant on two counts of sexual intercourse without consent and one count of aggravated kidnapping. A jury returned a guilty verdict on all counts in the Fourth Judicial District Court, Lake County.

On April 25, 1980, the prosecutrix and three friends, Linda Jellisen, Marge and Marianne Ciolkosz began an evening of drinking and partying. After stopping at a "kegger" they went to a party at a...

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