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STATE v. BENSON

No. 98-548.

992 P.2d 831 (1999)

1999 MT 324

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

Supreme Court of Montana.

Decided December 22, 1999.

Attorney(s) appearing for the Case

Chris J. Nelson, Attorney at Law, Billings, Montana, For Appellant.

Honorable Joseph P. Mazurek, Attorney General; C. Mark Fowler, Assistant Attorney General, Helena, Montana Nickolas C. Murnion, Special Deputy County Attorney, Jordan, Montana, For Respondent.

Chief Justice J.A. TURNAGE delivered the Opinion of the Court.

¶ 1 John Art Benson allegedly stole and butchered his neighbor's cow. He was charged with felony theft, pursuant to § 45-6-301(1), MCA, and mutilating a hide. A jury in the Tenth Judicial District Court, Petroleum County, found Benson guilty of theft. He was sentenced to five years in prison, suspended on certain conditions. Benson appeals. We affirm his conviction.

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