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STATE v. BIGSMOKE

No. 81-311.

642 P.2d 1068 (1982)

STATE of Montana, Plaintiff and Respondent, v. John Allen BIGSMOKE, Defendant and Appellant.

Supreme Court of Montana.

Decided March 25, 1982.

Attorney(s) appearing for the Case

R.J. Pinsoneault, St. Ignatius, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Richard P. Heinz, County Atty., Polson, for plaintiff and respondent.

MORRISON, Justice.

On May 16, 1973, petitioner John Allen Bigsmoke appeared with court-appointed counsel before the District Court of the Fourth Judicial District, Lake County, Polson, Montana, and entered a plea of guilty to the crime of lewd and lascivious acts upon a child, in violation of section 94-4106, R.C.M. (1947). This plea was accepted as a compromise for petitioner's previous plea of not guilty to a charge of rape. Petitioner was sentenced to twenty years...

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