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STATE v. BENSON

No. 93-481.

880 P.2d 1338 (1994)

STATE of Montana, Plaintiff and Respondent, v. John Bernard BENSON, Defendant and Appellant.

Supreme Court of Montana.

Decided September 15, 1994.

Attorney(s) appearing for the Case

William Hooks, Appellate Defender, Helena, for appellant.

Joseph P. Mazurek, Atty. Gen., Jennifer Anders, Asst. Atty. Gen., Helena, and Vicki Knudsen, Musselshell County Atty. Roundup, for respondent.

HARRISON, Justice.

John Bernard Benson (Benson) appeals his conviction in the District Court of the Fourteenth Judicial District, Musselshell County, of the offense of burglary. We reverse.

Sometime between 2 a.m. and 5 a.m. the morning of January 23, 1993, the Melstone Bar and Cafe in Melstone, Montana, was burglarized. The owners of the establishment reported that money, lottery tickets, liquor, food, and tobacco products were stolen. Deputy Floyd Fisher...

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