State v. Hammons

Defendant appeals from a conviction by a jury in Lincoln *342County, Montana, of theft, a felony. We affirm the conviction.

During the night of February 28 — March 1, 1982, defendant and four other persons were drinking and riding around the Libby area of Lincoln County. Robert DeWayne Anderson was driving his pickup. Tracy Anderson, James Hammons, Lisa Gostnell, and the defendant, C.P. Hammons, were passengers. Tracy Anderson suggested that they go to the “Buck” Jordan residence to steal old car batteries to sell for beer and gasoline money.

When they arrived at the Jordan residence, which is…