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STATE v. STEWART

No. 12668.

526 P.2d 1380 (1974)

STATE of Montana, Plaintiff and Appellant, v. William Fulton STEWART, Defendant and Respondent.

Supreme Court of Montana.

Decided October 8, 1974.

Attorney(s) appearing for the Case

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

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

JAMES T. HARRISON, Chief Justice.

The respondent, William Fulton Stewart, was arrested on March 16, 1973, for possession of dangerous drugs. Respondent made a motion to suppress all evidence seized from his person at the time of his arrest and all evidence discovered and seized at his residence pursuant to a search warrant. The district court of Hill County ordered that all evidence obtained by either search be suppressed. The State of Montana has appealed the suppression...

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