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STATE v. HERMES

No. 94-211.

904 P.2d 587 (1995)

STATE of Montana, Plaintiff and Appellant, v. Benedict John HERMES, Defendant and Respondent.

Supreme Court of Montana.

Decided October 19, 1995.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General; Jennifer Anders, Ass't Attorney General, Helena; Charles Sprinkle, Lincoln County Attorney; Bernard G. Cassidy, Deputy County Attorney, Libby.

Amy N. Guth, Public Defender's Office, Libby.

GRAY, Justice.

The State of Montana (State) appeals from the order of the Nineteenth Judicial District Court, Lincoln County, suppressing a statement of Benedict Hermes (Hermes). We affirm.

We address the following issues on appeal:

1. Did the District Court err in suppressing Hermes' statement after finding that the statement was involuntary?

2. Did the District Court err in determining that the State could not use Hermes' statement for impeachment...

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