State v. Bain

R. D. McPHILLIPS, District Judge,

sitting in place of Mr. Justice Haswell, delivered the opinion of the Court.

This is an appeal by defendant Allyn Wesley Bain from a conviction by a jury in the District Court, Missoula County.

In the early evening of May 10, 1976, defendant walked from downtown Missoula, Montana to the 2000 block of South Avenue to visit family friends. When he left his friends’ house about 11:00 p. m. it was windy and raining lightly.

Defendant did not live in Missoula, but was staying in Missoula with a cousin, Karen Skroch, who lived in the Hollywood Trailer Court, 1700…