STATE v. JOHNSTONE

No. 89-242.

798 P.2d 978 (1990)

STATE of Montana, Plaintiff and Respondent, v. Tommy G. JOHNSTONE, a/k/a Tom Johnstone, Defendant and Appellant.

Supreme Court of Montana.

Decided September 13, 1990.


Attorney(s) appearing for the Case

Todd R. Hillier, R. Mark Josephson, Big Timber, for defendant and appellant.

Marc Racicot, Atty. Gen., Jennifer M. Anders, Asst. Atty. Gen., Helena, James Tulley, Deputy County Atty., Thomas Biglen, County Atty., Big Timber, for plaintiff and respondent.


BARZ, Justice.

Tommy Johnstone appeals his conviction of felony attempted theft and criminal trespass to vehicles by a jury empaneled in the District Court of the Sixth Judicial District, Sweet Grass County. We affirm.

On September 1, 1988, Carl Leader was fishing at a State access on the Boulder River off Highway 298 near McLeod, south of Big Timber, Montana. Mr. Leader arrived at the access at approximately 3:30 p.m. and fished for roughly one and one-half...

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