STATE v. LANE

No. 13759.

573 P.2d 198 (1977)

The STATE of Montana, Plaintiff and Appellant, v. Lester Brownlow LANE, Jr, Defendant and Respondent.

Supreme Court of Montana.

Decided December 30, 1977.


Attorney(s) appearing for the Case

Hooks and Sherlock, Townsend, Jeffrey M. Sherlock, argued, Townsend, for defendant and respondent.

Michael T. Greely, Atty. Gen., Helena, Thomas A. Budewitz, County Atty., Townsend, Robert J. Yunck, argued, Cut Bank, for plaintiff and appellant.


HARRISON, Justice:

The State of Montana appeals from an order of the District Court, Broadwater County, suppressing evidence. The evidence was seized without a warrant, from defendant's mobile home on July 2, 1976, the evening of his arrest. Defendant was subsequently charged by an Information filed July 16, 1976 with criminal sale of dangerous drugs, a felony, in violation of section 54-132, R.C.M. 1947.

During the early evening hours of July 2, 1976, Broadwater...

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