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STATE v. S.T.M.

No. 02-315.

75 P.3d 1257 (2003)

2003 MT 221

STATE of Montana, Plaintiffs and Respondents, v. S.T.M., Defendant and Appellant.

Supreme Court of Montana.

Decided August 25, 2003.

Attorney(s) appearing for the Case

For Appellant: Scott B. Spencer, Libby, Montana.

For Respondent: Mike McGrath, Montana Attorney General, Tammy K. Plubell, Assistant Montana Attorney General, Helena, Montana; Bernard G. Cassidy, Lincoln County Attorney, Libby, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 S.T.M. was charged with incest—along with other related offenses—in the Nineteenth Judicial District Court. The State's primary witness was K.M., the defendant's toddler daughter, against whom he allegedly committed the offense. Because the young girl was not competent to testify, the State sought to have her hearsay statements admitted into evidence. The District Court conducted...

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