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STATE v. SNIDER

No. 13000.

541 P.2d 1204 (1975)

STATE of Montana, Plaintiff and Respondent, v. James S. SNIDER, Defendant and Appellant.

Supreme Court of Montana.

Decided October 28, 1975.

Attorney(s) appearing for the Case

Johnson & Foster, Lewistown, K. Robert Foster, argued, Lewistown, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Helena, Thomas A. Budewitz, Asst. Atty. Gen., argued, Helena, William A. Spoja, Jr., County Atty., Lewistown, Theodore P. Cowan, Deputy County Atty., appeared, Lewistown, for plaintiff and respondent.

HASWELL, Justice.

Defendant appeals from a judgment convicting him of illegal possession of dangerous drugs following a trial in the district court, Fergus County, before the Honorable LeRoy L. McKinnon, district judge, sitting without a jury.

The material facts are undisputed. Justice of the Peace Robert C. Brooks of Lewistown Township, Fergus County, Montana, issued a search warrant on the basis of a sworn application...

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