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STATE v. KYLE

No. 14656.

628 P.2d 260 (1980)

The STATE of Montana, Plaintiff and Respondent. v. Michael Kevin KYLE, Defendant and Appellant.

Supreme Court of Montana.

Decided August 13, 1980.

Attorney(s) appearing for the Case

Daniel V. Donovan, Public Defender, Michael McPherson, Public Defender, Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, J. Fred Bourdeau, County Atty., Great Falls, for plaintiff and respondent.

HASWELL, Chief Justice.

The defendant appeals from a judgment of the District Court of the Eighth Judicial District, Cascade County, finding him guilty of burglary, a felony, and theft, a misdemeanor.

At approximately 11:00 p.m. on the night of March 15, 1978, Sergeant Bowen of the Great Falls Police Department observed a pickup truck parked in the emergency lane of Tenth Avenue South in Great Falls. Slowing to investigate...

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