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STATE v. RADER

No. 13974.

581 P.2d 437 (1978)

STATE of Montana, Plaintiff and Appellant, v. Richard E. RADER et al., Defendants and Respondents.

Supreme Court of Montana.

Decided July 12, 1978.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, John G. Winston, County Atty., Craig Phillips argued, Deputy County Atty., Butte, for plaintiff and appellant.

Moses, Tolliver & Wright, R. Allen Beck argued, Billings, Leonard J. Haxby argued, Butte, for defendants and respondents.

HARRISON, Justice.

This is an appeal by the State from the granting of a motion to suppress in a burglary case.

Defendants were charged by Information filed on December 18, 1975, with the crimes of burglary and theft, felonies, in the District Court, Silver Bow County. Defendants entered pleas of not guilty to the charges. Thereafter, defendants filed a motion to suppress, which motion was heard on January 30, 1976. The motion was denied by the presiding judge...

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