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STATE v. RUMLEY

No. 80-288.

634 P.2d 446 (1981)

The STATE of Montana, Plaintiff and Respondent, v. Owen Asa RUMLEY, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided August 27, 1981.

Rehearing Denied October 15, 1981.

Attorney(s) appearing for the Case

K.M. Bridenstine, Polson, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Ted O. Lympus, County Atty., Kalispell, for plaintiff and respondent.

DALY, Justice.

The defendant, Owen Asa Rumley, Jr., was charged on June 7, 1979, with negligent homicide under section 45-5-104, MCA, by an information filed in Flathead County District Court. Specifically, the information charged that the defendant's negligent operation of his motor vehicle caused the death of Margaret Beebe on May 12, 1979. Defendant pleaded not guilty and asserted the affirmative defense of mechanical defect. Defendant also filed a motion to suppress...

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