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STATE v. GOPHER

No. 80-485.

631 P.2d 293 (1981)

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

Supreme Court of Montana.

Decided July 9, 1981.

Attorney(s) appearing for the Case

John C. Koch, argued, Great Falls, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Mark J. Murphy, argued, Asst. Atty. Gen., Helena, J. Fred Bourdeau, County Atty., Great Falls, Randall A. Snyder, argued, Deputy County Atty., Great Falls, for plaintiff and respondent.

HARRISON, Justice.

Defendant was charged with felony burglary and felony theft. After a hearing on May 9, 1980, defendant's motion to suppress illegally seized evidence was denied. A jury trial was held on August 18, 1980, and defendant was convicted on both counts. Defendant appeals, submitting that the Cascade County District Court erred in denying his motion to suppress.

At about 5:00 a.m. on March 15, 1980, a silent burglar alarm went off at the Warehouse...

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