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STATE v. McDOLE

No. 86-413.

734 P.2d 683 (1987)

STATE of Montana, City of Eureka, Plaintiff and Respondent, v. Ronald Ray McDOLE, Defendant and Appellant.

Supreme Court of Montana.

Decided March 23, 1987.

Attorney(s) appearing for the Case

Scott B. Spencer, Libby, for defendant and appellant.

Hon. Mike Greely, Atty. Gen., George Schunk, Asst. Atty. Gen., Helena David W. Harman, Libby, for plaintiff and respondent.

WEBER, Justice.

After a jury trial in the Nineteenth Judicial District, Lincoln County, appellant was convicted of driving under the influence of alcohol (DUI) and leaving the scene of an accident. We affirm.

The issues are:

1. Did the District Court err in admitting evidence obtained by a city police officer during a warrantless search outside the city limits?

2. Did the District Court err by not instructing the jury on the mental state element...

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