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STATE v. THORP

No. DA 09-0418.

231 P.3d 1096 (2010)

2010 MT 92

356 Mont. 150

STATE of Montana, Plaintiff and Appellee, v. Lewis Gale THORP, Defendant and Appellant.

Supreme Court of Montana.

Decided April 28, 2010.

Attorney(s) appearing for the Case

For Appellant: Fred Snodgrass and Scott Hagan, Attorneys at Law, Billings, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Tammy K. Plubell, Assistant Attorney General, Helena, Montana, Wyatt Glade, Custer County Attorney, Miles City, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Lewis Gale Thorp (Thorp) appeals the Judgment of the Sixteenth Judicial District Court, Custer County. We affirm.

¶ 2 We review the following issues on appeal:

¶ 3 Did the State's counsel and a State witness impermissibly vouch for the complaining witness?

¶ 4 Did the District Court properly instruct the jury on the definition of without consent in the...

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