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STATE v. RYAN

No. 87-150.

744 P.2d 1242 (1987)

STATE of Montana, Plaintiff and Respondent, v. Todd Michael RYAN, Defendant and Appellant.

Supreme Court of Montana.

Decided October 27, 1987.

Rehearing Denied November 24, 1987.

Attorney(s) appearing for the Case

Robert W. Heilig, Billings, for defendant and appellant.

Mike Greely, Atty. Gen., John Paulson, Asst. Atty. Gen., Helena, A. Michael Salvagni, Co. Atty., Martin D. Lambert, Deputy Co. Atty., Bozeman, for plaintiff and respondent.

WEBER, Justice.

This case arose in the District Court for the Eighteenth Judicial District of Montana, in and for Gallatin County. Mr. Ryan appeals his conviction of being in actual physical control of a motor vehicle while under the influence of alcohol. We affirm.

The issue is whether the District Court erred in refusing to give defendant's offered Instruction No. 11 concerning circumstantial evidence.

A highway patrol officer noticed Mr. Ryan's...

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