STATE v. KAO

No. 83-224.

698 P.2d 403 (1985)

STATE of Montana, Plaintiff and Respondent, v. Kermit KAO, Defendant and Appellant.

Supreme Court of Montana.

Decided March 28, 1985.

Rehearing Denied May 7, 1985.


Attorney(s) appearing for the Case

Neil Halprin, Missoula, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Ted Mizner, County Atty., Deer Lodge, for plaintiff and respondent.


WEBER, Justice.

Defendant was charged in Powell County District Court with escape, a felony, as the result of his walking away from the Montana State Prison laundry on August 11, 1982. He was convicted and given a four-year sentence to be served consecutively to the sentences he was already serving. We reverse the conviction.

The decisive issue is whether the District Court committed reversible error in admitting evidence of a warrantless search of the dwelling...

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