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STATE v. JOHNSON

No. 90-400.

821 P.2d 1039 (1991)

STATE of Montana, Plaintiff and Respondent, v. Wesley Paul JOHNSON, Defendant and Appellant, and Ann Johnson, Defendant and Appellant.

Supreme Court of Montana.

Decided December 3, 1991.

Attorney(s) appearing for the Case

J. Dirk Becarri, Public Defender, Margaret L. Borg, Public Defender, Marcia Jacobsen, Public Defender, Missoula, for defendants and appellants.

Marc Racicot, Atty. Gen., Michael S. Wellenstein, Asst. Atty. Gen., Helena, Robert L. Deschamps, County Attorney, Missoula, for plaintiff and respondent.

TURNAGE, Chief Justice.

Wesley Paul Johnson and Ann Johnson (collectively referred to as Defendants) appeal their convictions for criminal mischief following a jury trial in the Fourth Judicial District, Missoula County. We reverse and remand. Defendants present the following issues:

1. Did the District Court err when it denied Defendants' motions to exclude evidence of other acts?

2. Did the District Court err when it denied Defendants' motions for...

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