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STATE v. LEVERETT

No. 89-189.

799 P.2d 119 (1990)

STATE of Montana, Plaintiff and Respondent, v. Clifford R. Leverett, Defendant and Appellant.

Supreme Court of Montana.

Decided September 18, 1990.

Rehearing Denied November 1, 1990.

Attorney(s) appearing for the Case

Ira Eakin, Billings, for defendant and appellant.

Marc Racicot, Atty. Gen., John Paulson, Asst. Atty. Gen., Helena, Harold Hanser, County Atty., Brent Brooks, Deputy County Atty., Billings, for plaintiff and respondent.

TURNAGE, Chief Justice.

Following trial in the Thirteenth Judicial District Court, Yellowstone County, a jury found appellant Clifford R. Leverett guilty of negligent homicide for striking and killing a pedestrian with his automobile. Leverett now appeals, primarily alleging errors in evidence and jury instructions related to his driving under the influence of alcohol. We reverse and remand.

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