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STATE v. FISSETTE

No. 12195.

498 P.2d 1208 (1972)

The STATE of Montana, Plaintiff and Respondent, v. Bruce David FISSETTE, Defendant and Appellant.

Supreme Court of Montana.

Submitted April 25, 1972.

Attorney(s) appearing for the Case

Brown & Gilbert, William E. Gilbert (argued), Bozeman, for defendant and appellant.

Robert L. Woodahl, Atty. Gen., Helena, Thomas A. Olson, County Atty., Bozeman, David V. Gliko, Asst. Atty. Gen. (argued), Helena, Thomas D. Gai, Deputy County Atty., Bozeman, for plaintiff and respondent.

DALY, Justice.

Defendant, Bruce David Fissette, was tried in the justice of the peace court in Gallatin County, Montana. Following a jury verdict of "guilty" of the misdemeanor crime of "physical control of vehicle while under the influence of intoxicating liquor", he was sentenced by the justice of the peace to pay a fine of $210.

Defendant appealed this judgment of conviction to the district court of the eighteenth judicial district, county of Gallatin and...

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