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STATE v. BERGUM

No. 12606.

520 P.2d 653 (1974)

STATE of Montana, Plaintiff and Appellant, v. Janet BERGUM, Defendant and Respondent.

Supreme Court of Montana.

Decided March 7, 1974.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Thomas J. Beers, Asst. Atty. Gen., argued, Helena, Ronald W. Smith, appeared, County Atty., Havre, for plaintiff and appellant.

Morrison, Ettien & Barron, Robert D. Morrison, argued, Havre, for defendant and respondent.

JAMES T. HARRISON, Chief Justice.

In May of 1973 the defendant, Janet Bergum, was charged in the justice court of Hill County with the offense of furnishing beer to a minor.

A motion to suppress evidence (a statement made to the arresting officers) was made and on May 29, 1973 the justice court ordered the suppression of the statement as evidence.

On July 23, 1973, fifty-five days following the suppression order, the state filed a notice of appeal...

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