STATE v. SHEPPARD

No. 90-229.

832 P.2d 370 (1993)

STATE of Montana, Plaintiff and Respondent, v. Lawrence R. SHEPPARD, Defendant and Appellant.

Supreme Court of Montana.

Decided May 1, 1992.


Attorney(s) appearing for the Case

William Boggs, Missoula, for defendant and appellant.

Marc Racicot, Atty. Gen., Helena, Joseph Thaggard, Asst. Atty. Gen., Robert L. Deschamps, III, Missoula, Betty Wing, Deputy Co. Atty., for plaintiff and respondent.


GRAY, Justice.

Lawrence R. Sheppard appeals his conviction of sexual intercourse without consent, a felony, by a jury sitting in the District Court of the Fourth Judicial District, Missoula County. We affirm.

Sheppard presents the following issues on appeal:

1. Should Montana adopt the California rule that where the evidence clearly supports it, a lesser-included offense instruction must be given by the District Court sua sponte, even if not...

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