State v. Pendergrass

Defendant Billie Leon Pendergrass was convicted of attempted robbery and sexual intercourse without consent in October, 1977. The convictions were reversed by this Court and the case was remanded to the Lewis and Clark County District Court in October, 1978. State v. Pendergrass (1978), 179 Mont. 106, 586 P.2d 691. (Hereinafter Pendergrass I.) A trial was held and defendant was convicted of sexual intercourse without consent. He again appeals.

Around midnight on June 26, 1977, the lone employee at Terry’s Convenient Foods in Helena, Montana, was finishing her shift. She had let the last…