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STATE v. FLYNN

No. 13886.

578 P.2d 1165 (1978)

The STATE of Montana, Plaintiff and Appellant, v. Kenneth Jay FLYNN and Scott R. Covington, Defendants and Respondents.

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, argued, County Atty., Havre, for plaintiff and appellant.

Hauge, Ober, Thompson & Goldstein, Havre, Morton B. Goldstein, argued, Havre, for defendants and respondents.

SHEA, Justice.

The State of Montana brings this appeal from the order of the District Court, Hill County, granting defendants' motion to suppress evidence seized during a search of defendant Flynn's apartment and automobile.

This case arose under the exact circumstances as State v. Leistiko, ___ Mont. ___, 578 P.2d 1161, 35 St.Rep. ___ (Cause No. 13802, decided 1978). The informant, Paula Kirchgaslar, gave information...

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