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STATE v. CHARVAT

No. 13646.

573 P.2d 660 (1978)

STATE of Montana, Plaintiff and Respondent, v. Donald CHARVAT, Defendant and Appellant.

Supreme Court of Montana.

Decided January 11, 1978.

Attorney(s) appearing for the Case

Bradley B. Parrish argued, Lewistown, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, William Spoja, County Atty., Lewistown, Timothy J. O'Hare argued, Deputy County Atty., Lewistown, for plaintiff and respondent.

HATFIELD, Chief Justice.

Defendant Donald Charvat appeals from a conviction in the District Court, Fergus County. Judge LeRoy L. McKinnon, sitting without a jury, found defendant guilty of Count I, selling of dangerous drugs, and Count II, possession of dangerous drugs, and imposed a 3 year deferred sentence, together with a fine of $250.

The material facts are not disputed. On the night of October 4, 1975, Deputy...

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