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STATE v. McDONALD

No. 12094.

491 P.2d 711 (1971)

The STATE of Montana, Plaintiff and Appellant, v. Louis McDONALD, Defendant and Respondent.

Supreme Court of Montana.

December 7, 1971.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, David V. Gliko, Asst. Atty. Gen., argued, Helena, Richard P. Heinz, County Atty., Polson, for appellant.

F.N. Hamman, argued, Polson, for respondent.

PER CURIAM:

This appeal results from the setting aside of a jury verdict of conviction in the district court of the fourth judicial district, Lake County, Hon. E. Gardner Brownlee, judge presiding. Defendant, Louis McDonald, was found guilty of involuntary manslaughter. From the order setting aside the conviction, the state appeals.

The sole issue for review is whether defendant's conviction of driving while intoxicated and operating a motor vehicle with improper...

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