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STATE v. MOTARIE

No. 04-153.

100 P.3d 135 (2004)

2004 MT 285

323 Mont. 304

STATE of Montana, Plaintiff and Respondent, v. Gary MOTARIE, Defendant and Appellant.

Supreme Court of Montana.

Decided October 19, 2004.

Attorney(s) appearing for the Case

For Appellant: Terryl T. Matt, Cut Bank, Montana.

For Respondent: Mike McGrath, Attorney General; Carol E. Schmidt, Assistant Attorney General, Helena, Montana, Larry D. Epstein, County Attorney, Cut Bank, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Gary Motarie appeals the District Court's denial of his motion for a directed verdict. Motarie argues that the State failed to prove an element necessary for finding him guilty of intimidation and tampering with witnesses. Sections 45-7-206 and 45-5-203, MCA (2001). We affirm.

BACKGROUND

¶ 2 Phil Iverson reported Motarie to the Turn in Poachers, or T.I.P. program, for allegedly...

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