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STATE v. GOWAN

No. 98-354.

13 P.3d 376 (2000)

2000 MT 277

STATE of Montana, Plaintiff and Respondent, v. Richard Lance GOWAN, Defendant and Appellant.

Supreme Court of Montana.

Decided November 2, 2000.

Attorney(s) appearing for the Case

David M. Ortley, Todd D. Glazier, Kalispell, MT, For Appellant.

Joseph P. Mazurek, Montana Attorney General, Carol Schmidt, Assistant Montana Attorney General, Helena, MT; Thomas J. Esch, Flathead County Attorney, Edward J. Corrigan, Deputy Flathead County Attorney, Kalispell, MT, For Respondent.

Justice WILLIAM E. HUNT, Sr. delivered the Opinion of the Court.

¶ 1 Defendant, Richard Lance Gowan (Gowan), appeals from a jury verdict in the Eleventh Judicial District Court, Flathead County, finding him guilty of two counts of criminal sale of dangerous drugs. We reverse and remand for a new trial.

¶ 2 The dispositive issue on appeal can be restated as follows:

Did the District Court err in holding that a defense witness' gratuitous...

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