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STATE v. HALL

No. 86-023.

728 P.2d 1339 (1986)

STATE of Montana, Plaintiff and Respondent, v. Franklin T. HALL, Sr., Defendant and Appellant.

Supreme Court of Montana.

Decided December 2, 1986.

Attorney(s) appearing for the Case

Moses Law Firm, Stephen C. Moses, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Kimberly A. Kradolfer, Asst. Atty. Gen., Helena, Harold Hanser, Co. Atty., Curtis Bevolden, Deputy Co. Atty., Billings, for plaintiff and respondent.

TURNAGE, Chief Justice.

Hall appeals from a jury conviction of incest in the Thirteenth Judicial District Court, Yellowstone County. On December 17, 1985, Hall was sentenced to ten years imprisonment with five years suspended.

We reverse with instructions to dismiss the action.

Hall raises two issues for our review:

1. Does retroactive application of the incest statute void the conviction?

2. Does double jeopardy bar Hall's retrial...

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