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STATE v. McELVEEN

No. 13031.

544 P.2d 820 (1975)

STATE of Montana, Plaintiff and Respondent, v. Daniel E. McELVEEN, Defendant and Appellant.

Supreme Court of Montana.

Submitted November 5, 1975.

Attorney(s) appearing for the Case

Donald W. Molloy, Law Student, argued, David J. Patterson appeared, Missoula, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Helena, John F. North appeared, Asst. Atty. Gen., Helena, Richard P. Heinz, County Atty., argued, Polson, for plaintiff and respondent.

JAMES T. HARRISON, Chief Justice.

This is a petition for post-conviction relief from a conviction and sentence of four years in the state prison on a charge of felony theft in the district court, Lake County.

Petitioner was tried on one count of felony theft based on an information filed February 13, 1975, charging petitioner with purposely or knowingly obtaining or exerting unauthorized control over three trailer house tires and rims, valued at more than...

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