STATE v. NEELY

No. 93-206.

862 P.2d 1109 (1993)

STATE of Montana, Plaintiff & Respondent, v. Julie NEELY, Defendant & Appellant.

Supreme Court of Montana.

Decided November 2, 1993.


Attorney(s) appearing for the Case

Lawrence A. LaFountain, Havre, for defendant and appellant.

Joseph P. Mazurek, Atty. Gen., Carol E. Schmidt, Asst., Helena; David G. Rice, Hill County Atty., Havre, for plaintiff and respondent.


WEBER, Justice.

This is an appeal from a judgment of the Twelfth Judicial District Court, Hill County, convicting appellant of misdemeanor possession of marijuana and sentencing her to six months suspended sentence and fining her $100.

We consider the following issues on appeal:

1. Did the District Court abuse its discretion in denying Neely's request to suppress evidence obtained at her residence because the search warrant contained stale information...

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