State v. Kane

¶ 1 In April, 1998, the State of Montana (the State) charged Patricia Lee Kane (Kane) by information, with Theft (Common Scheme), a felony, in violation of § 45-6-301(l)(c) and (8), MCA, for purposely or knowingly obtaining or exerting unauthorized control over funds and other items belonging to Bryan Hilger (Hilger) and used, concealed, or abandoned the funds/items knowing such activity probably would deprive the owner of it. Kane filed a motion to dismiss claiming that the funds referred to were checks drawn on a joint account making theft impossible as a matter of law. The State amended…