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STATE v. HEDRICK

No. 86-581.

745 P.2d 355 (1987)

STATE of Montana, Plaintiff and Respondent, v. James Neil HEDRICK, Defendant and Appellant.

Supreme Court of Montana.

Decided November 10, 1987.

Attorney(s) appearing for the Case

Billy B. Miller, Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Kimberly Kradolfer, Asst. Atty. Gen., Helena, Patrick L. Paul, Co. Atty., Great Falls, for plaintiff and respondent.

McDONOUGH, Justice.

Defendant James Neil Hedrick was convicted of the separate offenses of sexual assault, § 45-5-502, MCA, and deviate sexual conduct, § 45-5-505, MCA. Defendant appeals these convictions. We affirm.

The issues on appeal are:

1. Did the District Court err in failing to grant defendant's motion for mistrial based upon jury misconduct?

2. Did the District Court err in failing to grant defendant's motion for mistrial...

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