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STATE v. MAYES

No. 90-509.

825 P.2d 1196 (1992)

STATE of Montana, Plaintiff and Respondent, v. Malcolm E. MAYES, Defendant and Appellant.

Supreme Court of Montana.

Decided January 28, 1992.

Attorney(s) appearing for the Case

Michael J. Lilly, Berg, Lilly, Andriolo, Tollefsen, and Schraudner, Bozeman, for defendant and appellant.

Marc Racicot, Atty. Gen., Deanne L. Sandholm, Asst. Atty. Gen., Helena, Mike Salvagni, County Atty., Jennifer Bordy, Deputy County Atty., Bozeman, for plaintiff and respondent.

WEBER, Justice.

Malcolm E. Mayes appeals from a jury verdict finding him guilty of incest, a felony, in violation of § 45-5-507, MCA. The District Court of the Eighteenth Judicial District, Gallatin County, sentenced Mayes to a term of twenty (20) years with ten (10) years suspended. We reverse and remand for new trial.

The issues are:

1) Did the District Court err in admitting hearsay evidence of the children's statements to social worker Joyce...

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