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STATE v. SMITH

No. 83-269.

676 P.2d 185 (1984)

STATE of Montana, Plaintiff and Respondent, v. Jackson Montgomery SMITH, Defendant and Appellant.

Supreme Court of Montana.

Decided January 26, 1984.

Attorney(s) appearing for the Case

Torger S. Oaas, Lewistown, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, John Pratt, County Atty., Roundup, for plaintiff and respondent.

SHEA, Justice.

Defendant, Jackson M. Smith, appeals from a Musselshell County District Court judgment entered on a jury verdict finding him guilty of sexual intercourse without consent and aggravated assault. Both charges stem from an incident near Roundup, Montana, between defendant and his ten-year-old stepdaughter. Defendant was sentenced to ten years imprisonment on each count, five years suspended, terms to be served consecutively.

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