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STATE v. SAGE

No. DA 09-0252.

235 P.3d 1284 (2010)

2010 MT 156

STATE of Montana, Plaintiff and Appellee, v. Donald Ray SAGE, Defendant and Appellant.

Supreme Court of Montana.

Decided July 20, 2010.

Attorney(s) appearing for the Case

For Appellant: Nancy G. Schwartz, NG Schwartz Law, PLLC, Billings, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General, Jonathan M. Krauss, Assistant Attorney General, Helena, Montana, Joan S. Borneman, Deer Lodge County Attorney, Anaconda, Montana.

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

¶ 1 Donald Ray Sage (Sage) appeals his conviction for the felony offense of sexual intercourse without consent (SIWC) in the Third Judicial District Court. We reverse Sage's conviction and remand for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 In the fall of 2007, Mary Graham (Mary) routinely spent time at Sage's house in Anaconda, Montana. Mary lived with her boyfriend...

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