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State v. Bush

Montana Supreme Court

636 P. 2d 849 (1981)

Relevant factsFree

Edward Bush (defendant) met Kathleen Kohse in a Montana bar and, claiming to be a professional photographer needing a film courier, recruited her for the job and flew her to Los Angeles. There, Bush instead told Kohse she would be trained as a photographer, gave her cameras, and sent her to Lima, Peru to photograph a zoo as part of her training. While Kohse was at the zoo, her contact took her camera case and left her there for hours; upon returning to Los Angeles, police found cocaine hidden in the camera case and arrested her. The State of Montana (plaintiff) charged Bush with criminal solicitation of Kohse to possess illegal drugs, and he was convicted and appealed.

IssueFree

Whether the crime of solicitation requires that the person solicited be aware of the criminal nature of the conduct she is being asked to perform.

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