STATE v. JOHNSON

No. 83-296.

674 P.2d 1077 (1983)

STATE of Montana, Plaintiff and Appellant, v. Gregory Lynn JOHNSON, Defendant and Respondent.

Supreme Court of Montana.

Decided December 16, 1983.

As Modified December 21, 1983.

Rehearing Denied February 3, 1984.


Attorney(s) appearing for the Case

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

Goetz, Madden & Dunn, Bozeman, for defendant and respondent.


GULBRANDSON, Justice.

This case comes on appeal from an order of the District Court of the Eighteenth Judicial District in Bozeman, Montana, granting part of defendant's motion to suppress evidence.

The alleged facts in this case indicate the following. On the morning of August 23, 1982, the victim, a Bozeman realtor, received a phone call from an individual claiming to be a Frank Bartlett. The caller requested that the victim show him a house that was listed...

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