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STATE v. SMITH

No. 88-155.

765 P.2d 742 (1988)

STATE of Montana, Plaintiff and Appellant, v. Stephen Guy SMITH, Sr., Defendant and Respondent.

Supreme Court of Montana.

Decided December 8, 1988.

Attorney(s) appearing for the Case

Hon. Mike Greely, Atty. Gen., Patricia J. Schaeffer, Asst. Atty. Gen., Helena Larry Nistler, Co. Atty., Mark Stermitz, Deputy Co. Atty., Polson, for plaintiff and appellant.

Benjamin R. Anciaux, Polson, for defendant and respondent.

McDONOUGH, Justice.

This appeal from the Twentieth Judicial District, in and for the County of Lake, involves a prosecution for incest. The District Court granted the defendant Smith's motion for a face to face interview with the State's principal witness and daughter of the accused, A.S. The State had agreed to allow an interview between Smith's attorney and A.S., but insisted that Smith not attend. The District Court granted the motion to interview subject to the...

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