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STATE v. SWANSON

No. 85-491.

722 P.2d 1155 (1986)

STATE of Montana, Plaintiff and Respondent, v. Kevin Joseph SWANSON, Defendant and Appellant.

Supreme Court of Montana.

Decided July 25, 1986.

Attorney(s) appearing for the Case

Torger S. Oaas, Lewistown, for defendant and appellant.

Mike Greely, Atty. Gen., Barbara Claassen, Asst. Atty. Gen., Helena, Craig R. Buehler, Co. Atty., James Stogsdill, Deputy Co. Atty., Lewistown, for plaintiff and respondent.

HUNT, Justice.

Swanson appeals from an order of the Fergus County District Court denying his motion to dismiss and finding him guilty of driving under the influence of alcohol.

We reverse and remand.

Swanson raises the following issues on appeal:

1. Whether he was denied due process by being deprived of a reasonable opportunity to gather exculpatory evidence, and;

2. Whether the District Court erred in denying his motion to dismiss...

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