STATE v. ALLEN

No. 11944.

509 P.2d 849 (1973)

The STATE of Montana, Plaintiff and Respondent, v. Joseph Lee ALLEN, Defendant and Appellant.

Supreme Court of Montana.

Submitted April 25, 1973.


Attorney(s) appearing for the Case

Berg, O'Connell, Angel & Andriolo, Bozeman, Richard Andriolo argued, Bozeman, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Helena, J.C. Weingartner argued, Asst. Atty. Gen., Helena, Thomas Olson, County Atty., Bozeman, for plaintiff and respondent.


JAMES T. HARRISON, Chief Justice.

This is an appeal from a conviction for first degree burglary. Appellant was tried in the district court of Gallatin County with the Hon. Jack D. Shanstrom presiding. A sentence of fifteen years was imposed upon appellant following his conviction.

The record shows that during the early morning hours of December 8, 1969, the Eagles Club Bar in Bozeman, Montana was burglarized. There was no forced entry and the crime was accomplished...

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