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STATE v. CRISWELL

Nos. DA 12-0132, DA 12-0133.

305 P.3d 760 (2013)

2013 MT 177

370 Mont. 511

STATE of Montana, Plaintiff and Appellee, v. Cheryl Lee CRISWELL and Edwin James Criswell, Defendants and Appellants.

Supreme Court of Montana.

Decided July 2, 2013.

Rehearing Denied August 6, 2013.

Attorney(s) appearing for the Case

For Appellant: Wade Zolynski , Chief Appellate Defender, Garrett R. Norcott , Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox , Montana Attorney General, C. Mark Fowler , Assistant Attorney General, Helena, Montana, Ed Corrigan , Flathead County Attorney, Kenneth R. Park , Lori Adams , Deputy Flathead County Attorneys, Kalispell, Montana.

Justice LAURIE McKINNON delivered the Opinion of the Court.

¶ 1 Cheryl Lee Criswell and Edwin James Criswell were convicted in the Eleventh Judicial District Court, Flathead County, of aggravated animal cruelty. The Criswells appeal, raising two issues: (1) whether the State presented sufficient evidence to convict and (2) whether the District Court abused its discretion in denying the Criswells' motion for a mistrial. We affirm as to both issues.

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