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STATE v. J.C.E.

No. 87-535.

767 P.2d 309 (1988)

STATE of Montana, Plaintiff and Appellant, v. J.C.E., Defendant and Respondent.

Supreme Court of Montana.

Decided December 30, 1988.

Rehearing Denied February 7, 1989.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Dorothy McCarter, argued, Asst. Atty. Gen., Mike McGrath, County Atty., Carolyn A. Clemens, argued, Deputy County Atty., Helena, for plaintiff and appellant.

Gregory Jackson, argued, Helena, for defendant and respondent.

McDONOUGH, Justice.

This appeal involves the admissibility of hearsay testimony regarding statements made by a child who allegedly is the victim of incest. In order to protect the child, and because the case is still in its preliminary stages, the individuals involved will be referred to by their initials. The State of Montana brings an interlocutory appeal from the order of the District Court of the First Judicial District, Lewis and Clark County, excluding testimony...

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