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STATE v. ARTHUR

No. 88-159.

761 P.2d 806 (1988)

STATE of Montana, Plaintiff and Respondent, v. William Jo ARTHUR, Defendant and Appellant.

Supreme Court of Montana.

Decided September 15, 1988.

Attorney(s) appearing for the Case

Larry Jent, Bozeman, for defendant and appellant.

Mike Greely, Atty. Gen., Helena, Kathy Seeley, Asst. Atty. Gen., Helena, A. Michael Salvagni, Co. Atty., Bozeman, Jennifer Bordy, Deputy Co. Atty., for plaintiff and respondent.

HUNT, Justice.

William Jo Arthur, the defendant, was convicted of driving under the influence of alcohol in Gallatin County Justice Court. The District Court of the Eighteenth Judicial District, Gallatin County, dismissed defendant's appeal from Justice Court. Defendant appeals. We affirm.

The sole issue raised on appeal is whether § 46-17-311, MCA, requires an appellant from Justice Court to District Court to file physically his notice of appeal within...

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