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CITY OF BILLINGS v. BATTEN

No. 85-153.

705 P.2d 1120 (1985)

CITY OF BILLINGS, Plaintiff and Respondent, v. Earl BATTEN, Defendant and Appellant.

Supreme Court of Montana.

Decided September 12, 1985.

Attorney(s) appearing for the Case

Calton & Hamman; Frances M. Calton, Billings, for defendant and appellant.

Bonnie Sutherland, Asst. City Atty., Billings, for plaintiff and respondent.

TURNAGE, Chief Justice.

Defendant appeals his conviction for disorderly conduct, a violation of § 45-8-101, MCA, following jury trials in both the City Court of Billings and subsequently in the District Court of the Thirteenth Judicial District, Yellowstone County. He was fined $100 and assessed jury costs of $316. Claiming that § 45-8-101, MCA, is unconstitutional and that Billings failed to establish a prima...

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