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STATE v. ROGERS

No. 98-547.

992 P.2d 229 (1999)

1999 MT 305

STATE of Montana, Plaintiff and Respondent, v. Donald ROGERS, Defendant and Appellant.

Supreme Court of Montana.

Decided December 7, 1999.

Attorney(s) appearing for the Case

Chad Wright, Office of Appellate Defender, Helena, Montana, For Appellant.

Hon. Joseph P. Mazurek, Attorney General; Jennifer M. Anders, Assistant Attorney General; Helena, Montana, Tom Esch, Flathead County Attorney; Kalispell, Montana, For Respondent.

Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 Donald Rogers (Rogers) appeals from the judgment and sentence entered by the Eleventh Judicial District Court, Flathead County, on a jury verdict finding him guilty of sexual intercourse without consent. We affirm in part and reverse in part.

¶ 2 We restate the issues on appeal as follows:

¶ 3 1. Did the District Court abuse its discretion in admitting testimony by the emergency...

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