STATE v. VAN HAELE

No. 82-36.

649 P.2d 1311 (1982)

The STATE of Montana, Plaintiff and Respondent, v. Thomas VAN HAELE, Defendant and Appellant.

Supreme Court of Montana.

Decided August 23, 1982.

Rehearing Denied September 10, 1982.


Attorney(s) appearing for the Case

Keefer, Roybal, Hanson, Stacey & Jarussi, Calvin Stacey argued, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., argued, Helena, Harold F. Hanser, County Atty., argued, Billings, for plaintiff and respondent.

Mark J. Murphy, County Prosecutor Services Bureau, Helena, for amicus curiae.


HASWELL, Chief Justice.

Defendant appeals from his conviction of criminal possession of dangerous drugs with intent to sell in violation of section 45-9-103, MCA. We reverse.

The facts of this case are uncontroverted. Robert and Mae Westfall were the managers of Shurgard Mini Storage in Billings, Montana, a collection of storage units which are rented out to customers. In January 1981, the Westfalls rented a unit to defendant who identified himself as "Bill...

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