KOHNE v. YOST

No. 90-579.

818 P.2d 360 (1991)

Jonathan R. KOHNE, Plaintiff and Appellant, v. Roy YOST, a minor, and Roy Yost, Sr., as Guardian ad litem for Roy Yost, a minor, Defendant and Respondent.

Supreme Court of Montana.

Decided August 25, 1991.

As Modified October 4, 1991.


Attorney(s) appearing for the Case

James P. Harrington, Butte, for plaintiff and appellant.

Gary L. Walton, Poore, Roth & Robinson, Butte, for defendant and respondent.


HUNT, Justice.

Appellant, Jonathan R. Kohne, appeals from an order of the District Court, Second Judicial District, Silver Bow County, denying his motions for New Trial, or to Amend Judgment or to Set Aside Verdict and Judgment and for Judgment Not Withstanding Verdict.

We reverse.

Appellant raises several issues. However, we hold the following issue to be dispositive:

Whether statements made by defense counsel in closing argument admitting...

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