STATE v. MORSETTE

No. 82-112.

654 P.2d 503 (1982)

STATE of Montana, Plaintiff and Respondent, v. Harvey MORSETTE and Melvin Morsette, Defendants and Appellants.

Supreme Court of Montana.

Decided November 10, 1982.


Attorney(s) appearing for the Case

Altman & Lilletvedt, Brian Lilletvedt argued, Havre, for defendants and appellants.

Mike Greely, Atty. Gen., James Scheier argued, Intern, Helena, Ronald Smith, County Atty., Havre, for plaintiff and respondent.


SHEEHY, Justice.

Defendants were convicted of burglary and theft in a nonjury trial held in the District Court of the Twelfth Judicial District, Hill County. Prior to trial, defendants made a motion to suppress illegally seized evidence, which was denied. From the judgment of conviction, defendants appeal.

On April 1, 1981, a farm owned by John Gabriel, located 13 miles west of Box Elder, was broken into and several items of personal property were taken. The...

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