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STATE v. BENTLEY

No. 11814.

477 P.2d 345 (1970)

STATE of Montana, Plaintiff and Appellant, v. Donald Allen BENTLEY, Jr., Defendant and Respondent.

Supreme Court of Montana.

Decided November 13, 1970.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, Harold J. Pinsoneault, County Atty., Missoula, Robert L. Deschamps, III, Deputy Co. Atty., argued, Missoula, for plaintiff and appellant.

Donald R. Matthews, argued, Missoula, Anthony Keast, Missoula, for defendant and respondent.

JAMES T. HARRISON, Chief Justice.

From a judgment granting a motion to suppress evidence and dismissing the action entered in district court of Missoula county, the state of Montana appealed.

On May 25, 1968 Donald Bentley (hereafter referred to as respondent) was involved in an altercation in Missoula, Montana which led to his charge and conviction of first degree assault, second degree assault, and carrying a concealed weapon with intent to assault. See...

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