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STATE v. D.B.S.

No. 84-314.

700 P.2d 630 (1985)

STATE of Montana, Plaintiff and Respondent, v. D.B.S., Defendant and Appellant.

Supreme Court of Montana.

Decided May 28, 1985.

Attorney(s) appearing for the Case

K.M. Bridenstine, argued, Polson, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Joe Roberts, argued, Asst. Atty. General, Helena, Ted O. Lympus, County Atty., Kalispell, for plaintiff and respondent.

HARRISON, Justice.

The defendant appeals from a conviction of incest with his natural-born daughter following a jury trial in the District Court of Flathead County, State of Montana.

The victim was born on December 6, 1979, to the defendant and K.H. who established a common-law marriage. In September of 1982, K.H. petitioned for dissolution of marriage. Between the approximate dates of September, 1982 and May of 1983, the victim was in the custody of her father...

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