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STATE v. LAPP

No. 82-127.

658 P.2d 400 (1983)

STATE of Montana, Plaintiff and Respondent, v. Clive LAPP, Defendant and Appellant.

Supreme Court of Montana.

Decided February 4, 1983.

Attorney(s) appearing for the Case

Brown & Huss, George Huss argued, Miles City, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, James M. Scheier argued, Legal Intern, Office of Atty. Gen., Helena, Keith D. Haker, County Atty., Miles City, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendant Lapp was charged and convicted of negligent homicide by a Custer County jury. He now appeals the judgment of conviction and the denial of his motion to suppress. We affirm.

At around 6:00 a.m. on September 16, 1981, defendant Lapp was involved in a two-car collision in Custer County. Lapp's vehicle was proceeding east in the westbound lane of Interstate 94, a divided highway, when it collided with a vehicle driven by Merlin...

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