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STATE v. HYEM

No. 80-364.

630 P.2d 202 (1981)

STATE of Montana, Plaintiff and Appellant, v. Dale HYEM and Cynthia Effinger, Defendants and Respondents.

Supreme Court of Montana.

Decided June 4, 1981.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Sheri Sprigg, argued, Asst. Atty. Gen., Helena, Pablo Perhacs, County Atty., argued, Red Lodge, for plaintiff and appellant.

Overfelt Law Firm, Billings, Gary Overfelt argued, Billings, Stacey & Jarussi, Billings, Gene Jarussi argued, Billings, for defendants and respondents.

SHEEHY, Justice.

The State of Montana appeals from an order of the District Court, Thirteenth Judicial District, Carbon County, granting defendants' motion to suppress all evidence resulting from an unreasonable search and seizure.

On February 25, 1980, defendants were charged with alternative counts of felony theft — either having stolen a pair of Rossignol SM Equipe skis on January 12, 1980, or having possessed them on February 21, 1980, knowing that...

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