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STATE v. RAY

No. 93-256.

882 P.2d 1013 (1994)

STATE of Montana, Plaintiff and Respondent, v. Danny A. RAY, Defendant and Appellant.

Supreme Court of Montana.

Decided October 6, 1994.

As Amended on Denial of Rehearing October 20, 1994.

Attorney(s) appearing for the Case

Michael Sol, Sol & Wolfe, Missoula, for appellant.

Joseph P. Mazurek, Atty. Gen., Kathy Seeley, Asst. Atty. Gen., Helena, Robert L. Deschamps, III, Missoula County Atty., Gary L. Henricks, Deputy County Atty., Missoula, for respondent.

NELSON, Justice.

This is an appeal from a Fourth Judicial District Court, Missoula County, jury verdict finding the defendant Danny Ray (Ray) guilty of two counts of solicitation of sexual assault. We reverse and remand for a new trial.

The following are issues on appeal:

I. Did the District Court abuse its discretion when it admitted testimony of prior acts?

II. Was the evidence presented insufficient to convict the defendant of two counts...

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