STATE v. WILLIAMS

No. 11648.

455 P.2d 634 (1969)

The STATE of MONTANA, Plaintiff and Appellant, v. Harold Dean WILLIAMS, Defendant and Respondent.

Supreme Court of Montana.

Decided June 11, 1969.

Rehearing Denied July 8, 1969.


Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Douglas Wold, Asst. Atty. Gen., argued, Helena, Clayton Jones, Jr., appeared, Miles City, for appellant.

Colgrove & Brown, Bruce M. Brown, argued, Miles City, for respondent.


CASTLES, Justice.

Defendant was charged with the crime of first degree murder in the district court of Custer county. He entered a plea of "not guilty" and thereafter prior to trial, moved to suppress the use in evidence at his trial of a rifle alleged to be the murder weapon. From an order of the district court granting defendant's motion to suppress, the state appeals.

The sole issue on this appeal is whether the rifle is rendered inadmissible in evidence...

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