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STATE v. GOODWIN

No. 90-349.

813 P.2d 953 (1991)

STATE of Montana, Plaintiff, Respondent, and Cross-Appellant, v. Darwin Dale GOODWIN, Defendant and Appellant.

Supreme Court of Montana.

Decided June 11, 1991.

Rehearing Denied July 25, 1991.

Attorney(s) appearing for the Case

Patrick F. Flaherty, Great Falls, for defendant and appellant.

Marc Racicot, Atty. Gen., Jennifer Anders, Asst. Atty. Gen., Helena, Patrick L. Paul, Cascade County Atty., Great Falls, for plaintiff, respondent and cross-appellant.

TRIEWEILER, Justice.

On August 14, 1989, the State of Montana filed an information charging the defendant, Darwin Dale Goodwin, with two counts of sexual intercourse without consent, and one count of felony assault. The alleged victim of all three counts was his daughter, Dawn Goodwin. Following a jury trial, which commenced on February 26, 1990, the jury returned its verdict, finding the defendant guilty of one count of sexual intercourse without consent, one count...

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