STATE v. WOOD

No. 82-469.

666 P.2d 753 (1983)

STATE of Montana, Plaintiff and Appellant, v. Brian J. WOOD, Defendant and Respondent.

Supreme Court of Montana.

Decided July 18, 1983.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Marge Johnson, Asst. Atty. Gen., argued, Helena, A. Michael Salvagni, County Atty., Bozeman, for plaintiff and appellant.

Thomas M. Gaa, argued, Bozeman, for defendant and respondent.


HASWELL, Chief Justice.

The State appeals the Gallatin County District Court order suppressing evidence found in a search incident to an arrest for issuing a bad check. We reverse.

Between July 17, 1981, and July 26, 1981, Brian Wood issued four checks that totaled $49.97, and between October 10, 1981, and October 30, 1981, he issued nine more that totaled $181.79. Each of these checks was returned to the payee because of insufficient funds in Wood's account...

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