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STATE v. HALE

No. 9891.

328 P.2d 930 (1958)

STATE of Montana, Plaintiff and Respondent, v. James HALE, Defendant and Appellant.

Supreme Court of Montana.

Decided August 7, 1958.

Attorney(s) appearing for the Case

W.E. Coyle, Lewis F. Rotering, Butte, argued orally for appellant.

Forrest H. Anderson, Atty. Gen., Wm. F. Crowley, Jas. A. Robischon, Asst. Atty. Gen., Chester L. Jones, County Atty., Virginia City, Wm. F. Crowley and Jas. A. Robischon argued orally, for respondent.

BOTTOMLY, Justice.

James Hale was convicted by jury, in the district court of the fifth judicial district, in and for the County of Madison, of a felony. The charging part of the information being as follows:

"That on or about the 10th day of July, 1957, the said James Hale did in the County of Madison, State of Montana, wilfully, wrongfully and feloniously win money from Robert Emmons by use of a game designated as Morocco, commonly known as a confidence...

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