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STATE EX REL. KOTWICKI v. DISTRICT COURT OF FIRST J.D.

No. 12945.

532 P.2d 694 (1975)

The STATE of Montana ex rel. Antonio KOTWICKI, Relator, v. The DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT et al., Respondents.

Supreme Court of Montana.

Decided March 4, 1975.

Attorney(s) appearing for the Case

W. William Leaphart (argued), Helena, for relator.

Leif B. Erickson (argued), Helena, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an original proceeding wherein relator seeks an appropriate writ directed to the district court, Lewis and Clark County, requiring that court to reverse its order of December 4, 1974, denying a motion to suppress the evidence seized by officers from relator's presence on September 25 and 26, 1974.

Counsel for relator was heard ex parte and thereafter an order was issued calling for an adversary hearing and staying...

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