STATE v. FOGARTY

No. 14437.

610 P.2d 140 (1980)

The STATE of Montana, Plaintiff and Respondent, v. William Edward FOGARTY, Defendant and Appellant.

Supreme Court of Montana.

Decided April 24, 1980.

As Amended May 19, 1980.


Attorney(s) appearing for the Case

Morales, Volinkaty & Harr, Missoula, Bruce Harr, argued, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Allen Chronister, argued, Asst. Atty. Gen., Helena, Douglas G. Harkin, County Atty., Hamilton, for plaintiff and respondent.


SHEA, Justice. [TX} Defendant appeals from an order of the Ravalli County District Court revoking a ten-year suspended sentence and ordering him to prison. Defendant remains free on his own recognizance pending this appeal.

Defendant attacks the order revoking his suspended sentence on the grounds that the revocation order was based upon the results obtained from a search of his home and a polygraph examination administered to him. The search was conducted pursuant...

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