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STATE v. BRINER

No. 91-091.

831 P.2d 1365 (1992)

STATE of Montana, Plaintiff and Respondent, v. Donald E. BRINER, Defendant and Appellant.

Supreme Court of Montana.

Decided May 5, 1992.

Rehearing Denied June 4, 1992.

Attorney(s) appearing for the Case

Richard J. Carstensen, Billings, for defendant and appellant.

Marc Racicot, Atty. Gen., Helena, Elizabeth L. Griffing, Asst. Atty. Gen., Dennis Paxinos, County Att., Terence M. Swift, Deputy County Atty., Billings, for plaintiff and respondent.

TURNAGE, Chief Justice.

Donald Briner appeals his conviction on two counts of felony sale of dangerous drugs after a jury trial in the Thirteenth Judicial District Court, Yellowstone County. We affirm.

The issues are:

1. Did the District Court err in refusing to allow the defense to inspect Turner's statement to the police at the pretrial hearing?

2. Did the court err in denying Briner's request for a continuance when witness Turner was granted...

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