State v. Emerson

Defendant appeals from a Gallatin County judgment of conviction for robbery entered on the verdict of a jury, the Hon. W. W. Lessley, presiding.

In the early morning of January 11, 1975, Three Forks and Gallatin County law enforcement authorities were notified by one Wilbur “Swede” Capps of Three Forks that he had been attacked near his home and his wallet containing $200 to $300 was taken.

The facts surrounding defendant’s arrest are not substantially in dispute. After receiving the report, investigating officers backtracked fresh footprints in the snow from the scene of the incident to…