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STATE v. SULLIVAN

No. 14381.

595 P.2d 372 (1979)

The STATE of Montana, Plaintiff and Respondent, v. Dennis SULLIVAN and David A. DePue, Defendants and Appellants.

Supreme Court of Montana.

Decided May 23, 1979.

Attorney(s) appearing for the Case

Leonard J. Haxby (argued), Butte, for defendants and appellants.

Mike Greely, Atty. Gen., Mary B. Troland, Asst. Atty. Gen. (argued), Helena, John G. Winston, County Atty. (argued), Butte, for plaintiff and respondent.

SHEA, Justice.

Defendants Sullivan and DePue appeal from a judgment of the Silver Bow County District Court convicting them, after a jury verdict, of the crime of robbery.

At about 3:30 a.m. on December 25, 1977, two men entered the Circle K store in Butte, Montana. They approached the till behind which William Rabey, a store employee, was standing. One of the men cocked and pointed a .38 caliber revolver at Rabey, told him to lie on the floor and keep still...

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