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STATE v. FETTERS

No. 12675.

526 P.2d 122 (1974)

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

Supreme Court of Montana.

Decided September 3, 1974.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., John P. Atkins, Asst. Atty. Gen., argued, Helena, Larry Stimatz, County Atty., Butte, argued, J. Brian Tierney argued, Deputy County Atty., Butte, for plaintiff and appellant.

Scanlon, Brolin & Connors, Anaconda, William A. Brolin argued, and Joseph C. Connors argued, Anaconda, for defendants and respondents.

M. JAMES SORTE, District Judge.*

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.

Defendants Alan Fetters and Steve Lean were charged by Information in four counts: interference with railroad property; interference with railroad property causing death; murder; and malicious destruction of property.

In chronological...

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