STATE v. ALLEN

No. 14754.

612 P.2d 199 (1980)

STATE of Montana, Plaintiff and Respondent, v. Gary ALLEN, Defendant and Appellant.

Supreme Court of Montana.

Decided May 13, 1980.

As Amended On Denial of Rehearing June 24, 1980.


Attorney(s) appearing for the Case

Tipp, Hoven & Skjelset, Missoula, Thomas W. Frizzell, argued, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Ted Mizner, argued, County Atty., Deer Lodge, for plaintiff and respondent.


DALY, Justice.

Defendant was convicted by a jury of criminal possession of dangerous drugs in the Third Judicial District, County of Powell, on February 13, 1979, and received a deferred sentence.

On September 28, 1978, three officers responded to a complaint by John Wilson, an apartment building manager, that there was a loud party taking place in an apartment rented by one Annie Smith. The officers proceeded to Ms. Smith's apartment but the noise and music...

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