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STATE v. HARRIS

No. 89-226.

808 P.2d 453 (1991)

STATE of Montana, Plaintiff and Respondent, v. Kathryn HARRIS, Defendant and Appellant.

Supreme Court of Montana.

Decided January 24, 1991.

As Corrected February 19, 1991.

Attorney(s) appearing for the Case

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

Marc Racicot, Atty. Gen., Dorothy McCarter, Ass't. Atty. Gen., Carol A. Donaldson, legal intern, Helena, and Gerry M. Higgins, Sp. Deputy County Atty., for Musselshell County, Ryegate, for plaintiff and respondent.

HUNT, Justice.

A jury found defendant, Kathryn Harris, guilty of two counts of felony sexual assault. Defendant appeals. We reverse and remand for a new trial.

We frame the issues as follows:

1. Did the State's expert witness improperly comment on the credibility of an alleged victim who testified at trial?

2. Did the District Court err in allowing the State's expert witness to identify defendant as the perpetrator of the alleged crimes by...

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