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STATE v. COBURN

No. 12707.

530 P.2d 442 (1974)

The STATE of Montana, Plaintiff and Appellant, v. Donald Leroy COBURN, Defendant and Respondent.

Supreme Court of Montana.

Decided December 30, 1974.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, J.C. Weingartner, Asst. Atty. Gen., Leif B. Erickson, Deputy County Atty., argued, Helena, for plaintiff and appellant.

Smith, Smith & Sewell, Helena, Robert J. Sewell, Jr., argued, Helena, for defendant and respondent.

Rae Kalbfleisch, Shelby, Thomas Honzel, Helena, for amicus curiae.

DALY, Justice.

The state appeals from an order of the district court, Lewis and Clark County, on January 23, 1974, to suppress evidence, i.e. marijuana. The evidence was seized by Robert Hillis, manager of McDonald's Restaurant, from a coat belonging to defendant hanging in the manager's office of the restaurant located in Helena, Montana.

The Montana County Attorneys Association filed a motion with this Court for leave to appear, file a brief, and make oral...

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