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STATE EX REL. ZANDER v. DISTRICT COURT, ETC.

No. 14330.

594 P.2d 273 (1979)

The STATE of Montana ex rel. James ZANDER, Relator, v. The DISTRICT COURT OF the FOURTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF MISSOULA, and the Honorable Jack L. Green, Respondents.

Supreme Court of Montana.

April 6, 1979.

For Majority Opinion see 591 P.2d 656.

SHEA, Justice, concurring in part and dissenting in part:

I concur with part of the Court's decision determining that the officers made a lawful entry into the defendant's home, and I concur with the Court's decision declaring a part of section 54-132, R.C.M. 1947, now section 45-9-101 MCA invalid because it creates an impermissible conclusive presumption. I do have some observations...

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