State v. Seitzinger

Defendant appeals from a jury verdict and conviction of criminal mischief, section 94-6-102, R.C.M.1947 and the increased sentence imposed, section 95-1506, R.C.M.1947, by Missoula County District Court.

The facts are reconstructed from testimony adduced at trial.

At about 2:15 a.m. on January 7, 1977, Patrick Gordon was awakened by some loud banging. He went outside and found that it was coming from a trailer across the street. He called the police and during the two minutes it took Officer France to arrive listened to glass breaking intermittently. His wife also watched and listened from…