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STATE v. KANE

No. 99-003.

992 P.2d 1283 (1999)

1999 MT 337

STATE of Montana, Plaintiff and Appellant, v. Patricia Lee KANE, a/k/a Patricia Lee Broman, a/k/a Patricia McDonough, 3/22/1941, Defendant and Respondent.

Supreme Court of Montana.

Decided December 29, 1999.

Attorney(s) appearing for the Case

Hon. Joseph P. Mazurek, Montana Attorney General, Mark W. Mattioli, Assistant Montana Attorney General, Helena, Montana; Mike McGrath, Lewis and Clark County Attorney, Helena, Montana, For Appellant.

Ken Gray, Jackson & Rice, Helena, Montana, For Respondent.

Justice WILLIAM E. HUNT, Sr. delivered the Opinion of the Court.

¶ 1 In April, 1998, the State of Montana (the State) charged Patricia Lee Kane(Kane) by information, with Theft (Common Scheme), a felony, in violation of § 45-6-301(1)(c) and (8), MCA, for purposely or knowingly obtaining or exerting unauthorized control over funds and other items belonging to Bryan Hilger (Hilger) and used, concealed, or abandoned the funds/items knowing such activity probably...

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