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STATE v. BRODNIAK

No. 85-104.

718 P.2d 322 (1986)

STATE of Montana, Plaintiff and Respondent, v. James M. BRODNIAK, Defendant and Appellant.

Supreme Court of Montana.

Decided April 30, 1986.

Rehearing Denied June 3, 1986.

Attorney(s) appearing for the Case

Ferguson & Mitchell, Carol A. Mitchell argued, Missoula, C. William Boggs argued, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Dorothy McCarter argued, Asst. Atty. Gen., Robert L. Deschamps, III, Co. Atty., Missoula, Karen Townsend argued, Deputy Co. Atty., for plaintiff and respondent.

SHEEHY, Justice.

Appellant, James Brodniak, appeals from a judgment of conviction of sexual intercourse without consent after a jury verdict in the District Court, Fourth Judicial District, County of Missoula.

The facts of this case are as follows: on the evening of May 10, 1984, Debbie Preston, a 22-year-old woman, accompanied a friend, Diane Green, to a bowling league banquet at the Press Box in Missoula. While at the Press Box, Preston consumed six drinks...

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