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STATE v. LEISTIKO

No. 13802.

578 P.2d 1161 (1978)

The STATE of Montana, Plaintiff and appellant, v. William LEISTIKO, Defendant and Respondent.

Supreme Court of Montana.

Decided May 1, 1978.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Allen B. Chronister, Asst. Atty. Gen., argued, Helena, Ronald W. Smith, County Atty., argued, Havre, for plaintiff and appellant.

Morrison, Ettien & Barron, Havre, Robert Morrison, argued, Havre, for defendant and respondent.

DALY, Justice:

The State of Montana brings this appeal pursuant to section 95-2403, R.C.M. 1947, from the order of the District Court, Hill County, granting defendant's motion to suppress evidence seized in the search of his home under a search warrant.

On August 27, 1976, Paula Kirchgasler (informant) went to the Havre police department to file a complaint concerning an assault against her that occurred the previous night. The alleged assailant was a third...

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