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STATE v. HUBBEL

No. 96-663.

951 P.2d 971 (1997)

STATE of Montana, Plaintiff and Respondent, v. Wesley Carter HUBBEL, Defendant and Appellant.

Supreme Court of Montana.

Decided December 18, 1997.

As Modified on Denial of Rehearing February 3, 1998.

Attorney(s) appearing for the Case

J.G. Shockley, Victor, for Defendant and Appellant.

Joseph P. Mazurek, Attorney General, Pam Collins, Assistant Attorney General, Helena, George Corn, Ravalli County Attorney, Hamilton, for Plaintiff and Respondent.

HUNT, Justice.

Defendant Wesley Carter Hubbel (Hubbel) was charged with aggravated assault, a felony, after an incident in which he shot his wife, Carole Hubbel. He filed a motion to suppress evidence seized at his home during a warrantless search on the ground that it violated his constitutional rights. The District Court for the Twenty-First Judicial District, Ravalli County, denied his motion. A jury subsequently returned a guilty verdict. Hubbel appeals from the...

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