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STATE v. FETTERS

No. 12420.

510 P.2d 1 (1973)

STATE of Montana, Plaintiff and Appellant, v. Allen FETTERS and Steve Lean, Defendants and Respondents.

Supreme Court of Montana.

Decided May 15, 1973.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, Lawrence Stimatz, County Atty., Butte, Brian Tierney, Deputy County Atty., argued, Butte, for appellant.

Connors and Brolin, Anaconda, Joseph C. Connors and William Brolin, argued, Anaconda, for respondents.

CASTLES, Justice.

This is an appeal by the State of Montana from an order of the district court of Silver Bow County granting defendants' motion to suppress evidence in a criminal case.

Two defendants, Steve Lean and Allen Fetters, were charged in that court by Information in four counts: interference with railroad property; interference with railroad property causing death; murder; and malicious destruction of property.

The charges were based upon...

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