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STATE v. MORGAN

No. 81-183.

646 P.2d 1177 (1982)

The STATE of Montana, Plaintiff and Respondent, v. Karl W. MORGAN, Defendant and Appellant.

Supreme Court of Montana.

Decided June 18, 1982.

Attorney(s) appearing for the Case

McKinley Anderson argued, Bozeman, for defendant and appellant.

Mike Greely, Atty. Gen., Mike McGrath, Asst. Atty. Gen., argued, Anne Sheehy, Helena Intern, argued, Donald E. White, County Atty., Robert Throssell, Deputy County Atty., argued, Bozeman, for plaintiff and respondent.

WEBER, Justice.

Defendant Karl Morgan appeals from a conviction of negligent homicide following a trial before a jury in the Eighteenth Judicial District, Gallatin County. He presents the following issues for review:

(1) Whether the motion to suppress the evidence of the defendant's blood alcohol test should have been granted.

(2) Whether the County Attorney's statement to the jury regarding the legal rate of intoxication in Montana, which was not...

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