45-6-30 MCA, statute of limitations and theft

94-313
IN THE SUPREME COURT OF THE STATE OF MONTANA
1994
STATE OF MONTANA,
CLINTON MULLIN, JR., a/k/a . .
CLINT MULLIN, JR.,
The issue on appeal is:
Did the District Court err when it concluded that felony theft
was not continuous conduct for purposes of applying the statute of
limitations?
To accept the construction of § 45-6-301, MCA, suggested by
the State would be to hold, in effect, that there is no statute of
limitations applicable to the crime of theft unless the stolen
property is abandoned. We decline to do so. Such an extreme
departure from the plain language of our statute of limitations
found at § 45-1-205 (2) (a) , MCA, is better left to the Legislature.
We conclude that the District Court was correct in its
interpretation of the law.