STATE v. FRENCH

No. 87-492.

760 P.2d 86 (1988)

STATE of Montana, Plaintiff and Respondent, v. Mark FRENCH, Defendant and Appellant.

Supreme Court of Montana.

Decided August 23, 1988.


Attorney(s) appearing for the Case

Gary E. Wilcox, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Betsy Brandborg, Asst. Atty. Gen., Helena, Harold Hanser, Co. Atty., David W. Hoefer, Deputy Co. Atty., Billings, for plaintiff and respondent.


HUNT, Justice.

Mark French, the defendant, was convicted of three counts of sexual intercourse without consent by jury trial in the District Court of the Thirteenth Judicial District, Yellowstone County. Defendant appealed. We affirm.

The issues raised on appeal are:

1. Did the District Court err in denying defendant's motion for a mistrial?

2. Did sufficient evidence of penetration exist to sustain defendant's conviction of sexual intercourse...

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