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STATE v. HANDY

No. 85-559.

719 P.2d 766 (1986)

STATE of Montana, Plaintiff and Respondent, v. Roger HANDY, Defendant and Appellant.

Supreme Court of Montana.

Decided June 4, 1986.

Attorney(s) appearing for the Case

Terry Seiffert, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., Joe R. Roberts, Asst. Atty. Gen., Helena, Harold F. Hanser, Co. Atty., Donna K. Heffington, Deputy Co. Atty., Billings, for plaintiff and respondent.

GULBRANDSON, Justice.

The Yellowstone County District Court, sitting without a jury, found Roger Handy guilty under § 61-8-401(1)(a), MCA, of driving a motor vehicle while under the influence of alcohol. Handy appeals raising one issue; i.e., whether the District Court erred in allowing the State to amend the charge to correct an inaccurate statutory reference to which appellant had objected prior to his conviction in...

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