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STATE v. AUSTIN

No. 84-537.

704 P.2d 55 (1985)

STATE of Montana, Plaintiff and Appellant, v. Pat Wayne AUSTIN, and Wayne R. Cross, Defendants and Respondents.

Supreme Court of Montana.

Decided August 5, 1985.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Ronald W. Smith, County Atty., Havre, Ed Corrigan argued, Deputy County Atty., Havre, for plaintiff and appellant.

Morrison, Barron & Young, Robert D. Morrison argued, Havre, for defendants and respondents.

TURNAGE, Chief Justice.

The State appeals an order entered in the Twelfth Judicial District, Hill County, dismissing the charges against defendants for violating § 87-3-122, MCA, fish and wildlife regulation making illegal spotlighting from a motorized vehicle while in possession of weapons. We affirm the order dismissing the charges, but for reasons different from those given by the court below.

On November 3, 1983, at 6:25 p.m., Officer Gary Benson...

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