STATE v. KELMAN

No. 81-547.

649 P.2d 1292 (1982)

STATE of Montana, Plaintiff and Appellant, v. David Gerard KELMAN, Defendant and Respondent.

Supreme Court of Montana.

Decided August 19, 1982.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Charles Graveley, County Atty., Helena, Steve Garrison argued, Deputy County Atty., Helena, for plaintiff and appellant.

Harrison, Loendorf & Poston, Helena, John Poston argued, Helena, for defendant and respondent.


HASWELL, Chief Justice.

This is an appeal by the State from the District Court's dismissal of an information against defendant. We affirm.

During a patdown search in the course of booking defendant for another offense, a Lewis and Clark County jailer seized from defendant a "cocaine spoon" and a baggie of what appeared to the jailer to be hashish. The substance weighed approximately 25 grams. Thereafter, a direct information was filed charging defendant with...

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