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STATE v. LYONS

No. 92-170.

838 P.2d 397 (1992)

The STATE of Montana, Plaintiff and Respondent, v. David Lee LYONS, Defendant and Appellant.

Supreme Court of Montana.

Decided August 18, 1992.

Attorney(s) appearing for the Case

David W. Harman, Libby, for defendant and appellant.

Marc Racicot, Atty. Gen., Jennifer Anders, Asst. Atty. Gen., Helena, Scott B. Spencer, County Atty., Libby, for plaintiff and respondent.

TURNAGE, Chief Justice.

A jury in the District Court for the Nineteenth Judicial District, Lincoln County, convicted David Lee Lyons of three counts of criminal sale of dangerous drugs. We reverse on all three counts, with directions that Count One be dismissed.

The dispositive issues are:

1. Did the court err in refusing to dismiss Count One for lack of sufficient evidence?

2. Did the court err in permitting law officer opinion testimony regarding...

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