STATE v. GILBERT

No. 10204.

362 P.2d 221 (1961)

STATE of Montana, Plaintiff and Respondent, v. Wayne C. GILBERT, Defendant and Appellant.

Supreme Court of Montana.

Decided May 24, 1961.


Attorney(s) appearing for the Case

Cedor B. Aronow, David O. DeGrandpre, Shelby, for appellant. David O. DeGrandpre argued orally.

Wm. B. Sherman, County Atty., Conrad, Forrest H. Anderson, Atty. Gen., Louis Forsell, Asst. Atty. Gen., for respondent. Louis Forsell, Asst. Atty. Gen., argued orally.


CASTLES, Justice.

This is an appeal from a judgment of conviction entered on a jury verdict and from an order denying a new trial. The defendant was found guilty of driving an automobile while under the influence of intoxicating liquor and fined $300.

The defendant had been first tried in justice court and convicted. He appealed to the district court where a trial de novo was had. At the opening of the trial in district court, the transcript indicates...

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