CITY OF HELENA v. DAVIS

No. 86-55.

723 P.2d 224 (1986)

The CITY OF HELENA, Plaintiff and Respondent, v. Keith Owen DAVIS, Defendant and Appellant.

Supreme Court of Montana.

Decided August 8, 1986.

Rehearing Denied September 2, 1986.


Attorney(s) appearing for the Case

Leo J. Gallagher, Helena, for defendant and appellant.

Hull & Sherlock, David Hull, Helena, for plaintiff and respondent.


HARRISON, Justice.

This is an appeal by the defendant from his conviction for the offense of driving under the influence of alcohol or drugs in violation of § 61-8-401, MCA. The only contention raised by the defendant on appeal is whether the trial court properly instructed the jury with regard to the above charged offense. We reverse and remand this case for a new trial consistent with this opinion.

On April 14, 1985, the defendant-appellant, Keith Owen...

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