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CITY OF BILLINGS v. McCARVEL

No. 92-616.

863 P.2d 441 (1993)

CITY OF BILLINGS, Plaintiff and Respondent, v. JOHN McCARVEL, Defendant and Appellant.

Supreme Court of Montana.

Decided November 18, 1993.

Rehearing Denied December 16, 1993.

Attorney(s) appearing for the Case

Charles F. Moses (argued), Moses Law Firm, Billings, for defendant and appellant.

Mary Jane McCalla (argued), City Attorney's Office, City of Billings, Billings, for plaintiff and respondent.

TRIEWEILER, Justice.

The City of Billings filed its complaint in the City Court of the City of Billings in Yellowstone County on June 21, 1991, alleging that on that same date defendant John M. McCarvel operated his motor vehicle while under the influence of alcohol in violation of § 61-8-401(a), MCA (1989). Over defendant's objection, the charge against him was tried before a jury in City Court on July 10, 1992. The jury returned its verdict, finding defendant...

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