MORRISON, Justice.
Following a jury trial before the Thirteenth Judicial District Court, Yellowstone County, the defendant, James Monte Tate was convicted of burglary and sentenced to ten (10) years in the Montana State Prison. Defendant appeals.
The facts pertinent to the issue raised in this appeal can be concisely stated as follows:
On April 29, 1980, an information was filed in the District Court charging defendant with the offense of burglary...
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