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STATE v. SMITH

No. 86-487.

742 P.2d 451 (1987)

STATE of Montana, Plaintiff/Respondent, v. Larry Kay SMITH, Defendant/Appellant.

Supreme Court of Montana.

Decided September 3, 1987.

Attorney(s) appearing for the Case

O'Brien & Conrad, James P. O'Brien, Missoula, for defendant/appellant.

Mike Greely, Atty. Gen., John Paulson, Asst. Atty. Gen., Helena, Robert L. Deschamps, III, Missoula Co. Atty., Missoula, for plaintiff/respondent.

WEBER, Justice.

Defendant, Larry K. Smith, appeals a jury verdict convicting him of aggravated kidnapping in the Fourth Judicial District, Missoula County. Defendant also appeals the sentence imposed. We affirm. The issues are:

1. Is the evidence sufficient to sustain Mr. Smith's conviction of aggravated kidnapping?

2. Were the District Court's instructions adequate?

3. Did the District Court abuse its discretion by not applying the reduced...

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