State v. Gray

Following a jury trial in the District Court of Ravalli County, defendant was convicted of criminal mischief, a felony, by reason of damaging a pickup with the purpose of defrauding an insurer. Defendant appeals from the judgment of conviction.

This is an appeal following the second trial of this case. This Court reversed the first conviction of defendant for procedural errors in admitting “other crimes” evidence. State v. Gray (Mont. 1982), 643 P.2d 233, 39 St.Rep. 622.

The present case is a retrial of defendant on the original charge before a different judge and jury. In essence, the State’s…