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STATE v. GREYWATER

No. 96-135.

939 P.2d 975 (1997)

The STATE of Montana, Plaintiff and Respondent, v. Christopher GREYWATER, Defendant and Appellant.

Supreme Court of Montana.

Decided January 2, 1997.

As Modified on Denial of Rehearing January 30, 1997.

Attorney(s) appearing for the Case

William F. Hooks, Appellate Defender, Helena, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General; Jennifer Anders, Assistant Attorney General, Helena, Dennis Paxinos, County Attorney; John Kennedy, Deputy County Attorney, Billings, for Plaintiff and Respondent.

TURNAGE, Chief Justice.

A jury in the Thirteenth Judicial District, Yellowstone County, found Christopher Greywater guilty of robbery. Greywater appeals. We affirm.

Greywater raises two issues on appeal.

1. Did the District Court err when it refused Greywater's proposed instruction that theft is a lesser included offense of robbery?

2. Did the District Court err when it refused to consider a motion in limine to exclude an eyewitness identification...

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