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STATE v. SHAW

No. 92-236.

843 P.2d 316 (1992)

STATE of Montana, Plaintiff and Respondent, v. John Michael SHAW, Defendant and Appellant.

Supreme Court of Montana.

Decided December 1, 1992.

Rehearing Denied January 5, 1993.

Attorney(s) appearing for the Case

S. Charles Sprinkle, Douglas & Sprinkle, Libby, for defendant and appellant.

Marc Racicot, Atty. Gen., Jennifer Anders, Asst. Atty. Gen., Helena, and Scott Spencer, Lincoln County Atty., Libby, for plaintiff and respondent.

HARRISON, Justice.

This is an appeal from the District Court of the Nineteenth Judicial District, Lincoln County, the Honorable Robert S. Keller presiding. Appellant John Michael Shaw (Shaw) appeals from a judgment entered on a jury verdict finding him guilty of conspiracy to sell dangerous drugs, a felony, in violation of § 45-4-102, MCA. We reverse and remand.

The issues are:

1. Did the District Court err in allowing rebuttal testimony over...

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