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STATE v. MICKELSON

No. 13309.

565 P.2d 308 (1977)

STATE of Montana, Plaintiff and Respondent, v. Leland (Toby) MICKELSON, Defendant and Appellant.

Supreme Court of Montana.

Decided June 3, 1977.

Attorney(s) appearing for the Case

William A. Brolin (argued), Anaconda, for appellant.

Michael T. Greely, Atty. Gen., Helena, J. Mayo Ashley, Asst. Atty. Gen. (argued), Helena, Joseph C. Connors, County Atty., Anaconda, for respondent.

DALY, Justice.

This is an appeal from a judgment of guilty of felony theft in violation of section 94-6-302(1), R.C.M. 1947, by the district court, Deer Lodge County, sitting without a jury.

The state agrees with the facts presented by defendant in his brief on appeal which include:

"The Information alleged that: "`On or about October 6, 1974, in Deer Lodge County, Montana, the defendant, Toby Mickelson...

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