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STATE v. BRADLEY

No. 94-088.

889 P.2d 1167 (1995)

STATE of Montana, Plaintiff and Respondent, v. Robert Stacy BRADLEY, Defendant and Appellant.

Supreme Court of Montana.

Decided February 8, 1995.

Attorney(s) appearing for the Case

J.B. Wheatcroft, Miles City, for Appellant.

Joseph P. Mazurek, Attorney General, Kathy Seeley, Assistant Attorney General; Garry B. Bunke, Custer County Attorney, Miles City, for Respondent.

WEBER, Justice.

This is an appeal from a jury verdict finding defendant guilty of Sexual Intercourse Without Consent and from the attendant sentence imposed by the Sixteenth Judicial District Court, Custer County. We reverse and remand for a new trial.

We consider one issue as dispositive of this case:

Did the District Court err in failing to instruct the jury correctly on the applicable law of the case?

In January of 1988, Robert Stacy Bradley...

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