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STATE v. SMITH

No. 12593.

523 P.2d 1395 (1974)

The STATE of Montana, Plaintiff and Appellant, v. Harold Bryan SMITH, Defendant and Respondent.

Supreme Court of Montana.

Submitted February 25, 1974.

Rehearing Denied July 18, 1974.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty Gen., Thomas J. Beers, Asst. Atty. Gen. (argued), Helena, Lawrence G. Stimatz, County Atty., J. Brian Tierney, Deputy County Atty. (argued), Butte, for appellant.

Maurice F. Hennessey (argued), J. Gary Winston (argued), Butte, for respondent.

JOHN C. HARRISON, Justice.

The State appeals from the granting of a motion to suppress evidence in a murder case. We hold the order to suppress was in part erroneous.

On May 14, 1972, at 4:47 p.m., the Butte police department was called to investigate a homicide at the home of Harold Bryan Smith, defendant. Smith and his wife had been separated for several months. He had taken a room elsewhere while the family continued to live at the residence to which the...

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