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STATE v. KEYS

No. 92-232.

852 P.2d 621 (1993)

STATE of Montana, Plaintiff and Respondent, v. Milton Lee KEYS, Defendant and Appellant.

Supreme Court of Montana.

Decided May 18, 1993.

Attorney(s) appearing for the Case

Edmund F. Sheehy, Jr., Cannon & Sheehy, Helena, for defendant and appellant.

Marc Racicot, Atty. Gen., George Schunk, Asst. Atty. Gen., Helena, Patrick L. Paul, Cascade County Atty., Steven M. Hudspeth, Deputy County Atty., Great Falls, for plaintiff and respondent.

TRIEWEILER, Justice.

Defendant Milton Lee Keys appeals from the judgment and verdict of the Eighth Judicial District Court, Cascade County, convicting him of the crime of sexual intercourse without consent, pursuant to § 45-5-503, MCA. On February 4, 1992, the court sentenced Keys to 15 years in the Montana State Prison, with three years suspended.

We reverse.

The following issues are presented on appeal:

1. Did the District Court abuse...

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