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STATE v. VAN PELT

No. 90-355.

805 P.2d 549 (1991)

The STATE of Montana, Plaintiff and Respondent, v. Charles P. VAN PELT, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided January 30, 1991.

Attorney(s) appearing for the Case

Andrew P. Suenram, Max Hansen, P.C., Dillon, for defendant and appellant.

Marc Recicot, Atty. Gen., Deanne L. Sandholm, Asst. Atty. Gen., Helena, Thomas R. Scott, Beaverhead County Atty., Calvin Erb, Deputy Beaverhead County Atty., Dillon, for plaintiff and respondent.

BARZ, Justice.

Charles P. Van Pelt, Jr., appeals his felony convictions by a jury on two counts of incest, one count of sexual assault, and one count of attempted sexual intercourse without consent in the District Court of the Fifth Judicial District, Beaverhead County. We affirm.

Appellant raises two issues on appeal:

1. Whether the District Court erred in failing to subpoena an out-of-state witness.

2. Whether the District Court erred in...

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