State v. Harmon

THE HONORABLE LESTER H. LOBLE, District Judge,

sitting in place of MR. CHIEF JUSTICE HARRISON, delivered the Opinion of the Court.

Defendant was found guilty of first degree burglary committed in Butte, Silver Bow County, Montana, on or about the *22913th day of February 1957. He was sentenced to ten years confinement in the state penitentiary at Deer Lodge, Montana. A prior conviction was charged in the information and at the trial it was proved that defendant had previously served a five year sentence in the same prison on a plea of guilty to a like offense.

The Plea.

Defendant pleaded not guilty,…