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STATE v. WELLER

No. DA 08-0207.

208 P.3d 834 (2009)

2009 MT 168

350 Mont. 485

STATE of Montana, Plaintiff and Appellee, v. Shawn Howard WELLER, Defendant and Appellant.

Supreme Court of Montana.

Decided May 19, 2009.

Attorney(s) appearing for the Case

For Appellant: Jim Wheelis, Chief Appellate Defender; Helena, Montana.

For Appellee: Hon. Steve Bullock, Montana Attorney General; Mardell Ployhar, Assistant Attorney General, Leo Gallagher, Lewis and Clark County Attorney; Helena, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 A jury in Montana's First Judicial District, Lewis and Clark County, convicted Shawn Howard Weller of driving under the influence on February 5, 2008. Weller raises the following issue on appeal:

¶ 2 Did the District Court err by refusing to instruct the jury on the defense of involuntary intoxication?

BACKGROUND

¶ 3 At approximately 8 p.m., July 27, 2006, Montana Highway...

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