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STATE v. THOMAS

No. 88-152.

760 P.2d 96 (1988)

STATE of Montana, Plaintiff and Appellant, v. James THOMAS, Defendant and Respondent.

Supreme Court of Montana.

Submitted on Briefs July 14, 1988.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, George Schunk, Asst. Atty. Gen., Helena, for plaintiff and appellant.

George T. Radovich, Billings, for defendant and respondent.

McDONOUGH, Justice.

The State appeals the decision of the Sixteenth Judicial District Court contending that the lower court erred in construing the limits of its jurisdiction. We agree with the State and reverse.

The issue is: Do state courts have jurisdiction over a non-Indian charged with violating § 61-7-108, MCA, on an Indian reservation? Section 61-7-108, MCA, reads:

Immediate notice of accidents. The driver of a vehicle involved...

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