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STATE v. MAGNUSON

No. 83-162.

682 P.2d 1365 (1984)

STATE of Montana, Plaintiff and Appellant, v. Arthur Leroy MAGNUSON, Defendant and Respondent.

Supreme Court of Montana.

Decided June 12, 1984.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Mary Kay Wheeler, 3rd Yr. Law Student, introduced by James McLean, Asst. Atty. Gen., argued for the State, John L. Pratt, County Atty., Roundup, for plaintiff-appellant.

Kathryn R. Baylis argued, Roundup, for defendant and respondent.

GULBRANDSON, Justice.

The State of Montana appeals from an order of the District Court, Fourteenth Judicial District, Musselshell County, dismissing a charge of operating a motor vehicle while under the influence of intoxicating liquor against the defendant, Arthur Leroy Magnuson. We reverse.

On the afternoon of July 29, 1982, Magnuson became intoxicated and drove away from the Kee Angus Ranch in Musselshell County...

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