State v. Mills

Justice Dirk Sandefur delivered the Opinion of the Court.

***124¶ 1 Barry William Mills appeals from the judgment of conviction of the Montana Tenth Judicial District Court, Fergus County, on jury verdicts on the offenses of felony theft and misdemeanor theft, as defined by § 45-6-301(1), MCA. We affirm.

¶ 2 We address the following restated issues:

1. Whether the District Court erroneously denied Mills's pretrial and post-verdict motions to dismiss based on the unqualified principle that a claim of right precludes a purposeful deprivation of property under § 45-6-301(1), MCA ?

2. Whether the…