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STATE v. BROWN

No. 87-338.

752 P.2d 204 (1988)

STATE of Montana, Plaintiff and Respondent, v. Susan Kay BROWN, Defendant and Appellant.

Supreme Court of Montana.

Decided April 7, 1988.

Attorney(s) appearing for the Case

Conde F. Mackay, Public Defender, Anaconda, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Kathy Seeley, Asst. Atty. Gen., Christopher Miller, Co. Atty., Deer Lodge, for plaintiff and respondent.

TURNAGE, Chief Justice.

Defendant Brown appeals her bench conviction in the Third Judicial District, Powell County. She was found guilty of conspiring to violate § 45-7-307, MCA, by delivering a pistol to her husband, David Lee Brown, who was an inmate in the Montana State Prison. On June 10, 1987, defendant was sentenced to ten years in the Montana Women's Correctional Center. We reverse and remand.

The parties raise the following issues for our review...

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