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STATE v. TURNER

No. 12648.

523 P.2d 1386 (1974)

STATE of Montana, Plaintiff and Appellant, v. Bennie Laird TURNER, Defendant and Respondent.

Supreme Court of Montana.

Submitted June 14, 1974.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., J. Michael Young, Asst. Atty. Gen., Helena, Ronald W. Smith, County Atty. (argued), Havre, for plaintiff and appellant.

Hauge, Hauge, Ober & Spangelo, Theodore K. Thompson, (argued), Havre, for defendant and respondent.

E. GARDNER BROWNLEE, District Judge*.

This appeal by the State raises the question of whether the district court erred in suppressing certain evidence. It is undisputed that officers Stremcha and Dramstad of the Havre Police Department arrested defendant Bennie Laird Turner for operating a motor vehicle while under the influence of intoxicating liquor. There is no question of the grounds for or the validity of the arrest. Following the...

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