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STATE v. SPENCER

No. 05-627.

169 P.3d 384 (2007)

2007 MT 245

339 Mont. 227

STATE of Montana, Plaintiff and Respondent, v. Kirk Wayne SPENCER, Defendant and Appellant.

Supreme Court of Montana.

Decided September 25, 2007.

Attorney(s) appearing for the Case

For Appellant: R. Allen Beck, Lewistown, Montana.

For Respondent: Honorable Mike McGrath, Attorney General; John Paulson, Assistant Attorney General, Helena, Montana, Thomas P. Meissner, County Attorney, Lewistown, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Kirk Wayne Spencer (Spencer) appeals from his conviction in the Tenth Judicial District, Fergus County, of sexual intercourse without consent with his stepdaughter. We affirm.

¶ 2 We restate the issues as follows:

¶ 3 Did the introduction of S.S.'s hearsay statements violate Spencer's Sixth Amendment right to confrontation?...

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