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STATE v. WEBB

No. 91-101.

828 P.2d 1351 (1992)

STATE of Montana, Plaintiff and Respondent, v. Rick WEBB, a/k/a Frederick Rod Webb, Defendant and Appellant.

Supreme Court of Montana.

Decided March 19, 1992.

Attorney(s) appearing for the Case

James A. Manley, Manley Law Offices, Polson, for defendant and appellant.

Marc Racicot, Atty., Gen., Carol E. Schmidt, Asst. Atty. Gen., Helena, Scott B. Spencer, Lincoln County Atty., Libby, for plaintiff and respondent.

GRAY, Justice.

Defendant Frederick Rod Webb appeals the judgment of the Nineteenth Judicial District, Lincoln County, Montana, convicting him of criminal sale of dangerous drugs in violation of § 45-9-101, MCA. This is Webb's second appeal to this Court. We reversed and remanded the case on appeal from the first trial. State v. Webb (1990), 243 Mont. 368, 792 P.2d 1097. Again, we reverse and remand.

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