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STATE v. ARRINGTON

No. 92-463.

858 P.2d 343 (1993)

STATE of Montana, Plaintiff and Respondent, v. Owen W. ARRINGTON, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided August 10, 1993.

Attorney(s) appearing for the Case

J. Robert Planalp, Landoe, Brown, Planalp & Braaksma, Larry Jent, Williams, Jent & Cockins, Bozeman, for defendant and appellant.

Joseph P. Mazurek, Atty. Gen., Cregg W. Coughlin, Asst. Atty. Gen., Helena, Mike Salvagni, Gallatin County Atty., Bozeman, for plaintiff and respondent.

NELSON, Justice.

This is an appeal from an Eighteenth Judicial District Court, Gallatin County, jury verdict in a negligent homicide action. We affirm.

We restate the issues on appeal: I. Did the trial court err in denying the defendant's motion to dismiss? A. May the trial court consider the defendant's statements in determining probable cause to file an information? B. Was the state's affidavit sufficient to support probable...

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