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STATE v. RUSSETTE

No. 01-722.

53 P.3d 1256 (2002)

2002 MT 200

STATE of Montana, Plaintiff and Respondent, v. Gilbert RUSSETTE, Defendant and Appellant.

Supreme Court of Montana.

Decided September 5, 2002.

Attorney(s) appearing for the Case

Jeremy S. Yellin, Fort Benton, Montana, for Appellant.

Mike McGrath, Montana Attorney General, Cregg W. Coughlin, Assistant Montana Attorney General, Helena, Montana; David G. Rice, Hill County Attorney, Havre, Montana, for Respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Appellant Gilbert Russette was charged by complaint with operation of a vehicle with an alcohol concentration of .10 or more, a misdemeanor, in the Twelfth Judicial District Court, Hill County. Russette sought to introduce expert testimony at trial challenging the validity of a blood alcohol analysis performed by an Intoxilizer 5000. The District Court...

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