Logourl black
From our private database of 14,000+ case briefs...

State v. Duncan

Montana Supreme Court
593 P.2d 1026 (1979)


Facts

Norman Duncan (defendant) was president of Smart Pak, Inc., a subsidiary of Survival Heat Products, Inc. Smart Pak produced and marketed a dry granulated charcoal lighter (Smart Start) and a combination package of Smart Start and charcoal briquettes (Smark Pak). After Duncan discovered that automated packaging machines could not properly seal the special “child proof” paper used in the products, Duncan and other employees sold “package sealer agreements” in Gallatin County to those who paid between $500 to $5,000 to be exclusive sealers for Smart Pak. The sealers received all materials from Smart Pak, sealed the packages, and then sold the sealed bags back to the company. Shortly thereafter, Smart Pak came under federal and state investigation as to whether the sealer agreements were investment contracts which Duncan had failed to register. After Smart Pak ceased operations and went into receivership, the State charged Duncan with a four-count information, namely: (1) deceptive practices; (2) fraudulent securities practices; (3) failure to register securities; and (4) issuing a bad check. The trial court dismissed count 4 and Duncan pled not guilty to the other three counts. After Duncan waived his right to a trial by jury, the court found Duncan guilty on counts 1 and 3 and dismissed count 2. Duncan was sentenced to five years imprisonment on count 1 and three years imprisonment on count 3. The sentences ran concurrently. Duncan appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Sheehy, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Concurrence/Dissent (Daly, J.)

The concurrence/dissent section is for members only and includes a summary of the judge’s concurrence in part and dissent in part.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 200,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.