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STATE v. MORGAN

No. 97-711.

968 P.2d 1120 (1998)

1998 MT 268

STATE of Montana, Plaintiff and Respondent, v. John Richard MORGAN, Defendant and Appellant.

Supreme Court of Montana.

Submitted on Briefs June 11, 1998.

Decided November 12, 1998.

Attorney(s) appearing for the Case

Harold H. Harrison and Royal Aubrey Davis, Attorneys at Law, Helena, Montana, for Appellant.

Joseph P. Mazurek, Attorney General; John Paulson, Assistant Attorney General; Helena, Montana; Mike McGrath, Lewis and Clark County Attorney; Vicki Frazier, Deputy County Attorney; Helena, Montana, for Respondent.

REGNIER, Justice.

¶ 1 John Richard Morgan was charged by information in the First Judicial District Court, Lewis and Clark County, with one count of incest, in violation of § 45-5-507, MCA. Morgan filed a motion to dismiss on April 10, 1997, and the District Court denied his motion on June 2, 1997. On June 11, 1997, a jury found Morgan guilty. Morgan filed a motion for a new trial on July 11, 1997. Following a...

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