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STATE v. NICKS

Nos. 9894, 9723.

332 P.2d 904 (1958)

The STATE of Montana, Plaintiff and Respondent, v. WILLIAM NICKS, Defendant and Appellant.

Supreme Court of Montana.

Decided November 26, 1958.

Attorney(s) appearing for the Case

Hansen, Culver & Jones, Baker, Al Hansen and Clayton Jones, argued orally, of appellant.

Forrest H. Anderson, Atty. Gen., Robert J. Emmons, Asst. Atty. Gen., Gene Huntley, County Atty., Baker, Gene Huntley, County Atty., and Robert J. Emmons, Asst. County Atty., argued orally, for respondent.

ANGSTMAN, Justice.

Defendant was convicted of the crime denounced by section 94-4106, R.C.M. 1947, of committing lewd and lascivious acts upon the person of a minor child below the age of sixteen years, alleged to have been committed on or about the 19th day of March 1955. His motion for a new trial was denied and he has appealed from the judgment of conviction. At the trial and over defendant's objection as being too remote in point of time, the State was permitted...

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