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STATE v. CARNEY

No. 85-116.

714 P.2d 532 (1986)

STATE of Montana, Plaintiff and Appellant, v. Michael CARNEY, Defendant and Respondent.

Supreme Court of Montana.

Decided January 16, 1986.

Rehearing Denied March 11, 1986.

Attorney(s) appearing for the Case

Mike Greely, Att. Gen., Helena, A. Michael Salvagni, County Atty., Bozeman, James D. McKenna argued, Deputy County Atty., Bozeman, for plaintiff and appellant.

Mike Sand, argued, Bozeman, for defendant and respondent.

WEBER, Justice.

Michael Carney, defendant, was charged with driving while under the influence of alcohol and with two counts of negligent homicide. During the second day of trial, the Gallatin County District Court sustained defendant's objection to the admissibility of blood samples because the State failed to establish a proper chain of custody. The State advised the court that they desired to appeal its decision. The Court...

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