STATE v. LaFLAMME

No. 13234.

551 P.2d 1011 (1976)

The STATE of Montana, Plaintiff and Appellant, v. Millard Wade LaFLAMME, Defendant and Respondent.

Supreme Court of Montana.

July 8, 1976.


Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., John North (argued), Asst. Atty. Gen., Helena, Robert J. Brooks, (argued), County Atty., Broadus, for plaintiff and appellant.

John R. Carr (argued), Miles City, for defendant and respondent.


JOHN C. HARRISON, Justice.

The state of Montana brings this appeal from an order of the district court, Powder River County, suppressing evidence as illegally seized. The defendant, Millard Wade LaFlamme, was charged with criminal mischief, in violation of section 94-6-102(1)(a), R.C.M. 1947, causing damages of more than $150, a felony.

On January 24, 1975, a .44 magnum pistol was used to damage a weigh station near...

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