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STATE v. COLE

No. 86-301.

744 P.2d 526 (1987)

STATE of Montana, Plaintiff and Respondent, v. Benjamin Eugene COLE, a/k/a Geno Cole, Defendant and Appellant.

Supreme Court of Montana.

Decided April 16, 1987.

Rehearing Denied November 10, 1987.

Attorney(s) appearing for the Case

O'Brien & Conrad, Barbara J. Conrad, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Joe R. Roberts, Asst. Atty. Gen., Helena, Robert L. Deschamps, III, Co. Atty., Missoula, for plaintiff and respondent.

HUNT, Justice.

Defendant, Benjamin Eugene Cole, a/k/a "Geno" Cole, appeals from a conviction of receiving stolen property from the Fourth Judicial District, Missoula County, Missoula, Montana. From this conviction, Cole appeals.

We reverse and remand with instructions.

The only issue raised by defendant on appeal which needs to be discussed is: Whether there is sufficient evidence to conclude beyond a reasonable doubt that the defendant was guilty...

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