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STATE v. GEORGE

No. 85-374.

711 P.2d 1379 (1986)

STATE of Montana, Plaintiff and Respondent, v. Gerald Alan GEORGE, Defendant and Appellant.

Supreme Court of Montana.

Decided January 7, 1986.

Attorney(s) appearing for the Case

Cannon & Sheehy, Edmund F. Sheehy, Jr., Helena, for defendant and appellant.

Mike Greely, Atty. Gen., Dorothy McCarter, Asst. Atty. Gen., Mike McGrath, Co. Atty., Joe Seifert, Deputy Co. Atty., Helena, for plaintiff and respondent.

WEBER, Justice.

Defendant was tried by the Lewis and Clark County District Court on a charge of operating a motor vehicle after having been adjudged an habitual traffic offender. Defendant appeals his conviction. We affirm the District Court.

The issues on appeal are:

1. Did the District Court err in denying defendant's motion for a mistrial?

2. Did the District Court err in placing upon the defendant the burden of proving an extreme emergency...

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