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STATE v. GARN

No. 93-409.

871 P.2d 878 (1994)

STATE of Montana, Plaintiff and Appellant, v. Jeffrey Layne GARN, Defendant and Respondent.

Supreme Court of Montana.

Decided March 24, 1994.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General, Cregg W. Coughlin, Assistant Attorney General, Mike McGrath, Lewis and Clark County Attorney, Helena, for Plaintiff and Appellant.

Edmund F. Sheehy, Jr., Cannon & Sheehy, Helena, for Defendant and Respondent.

HUNT, Justice.

Appellant State of Montana appeals from the order of the First Judicial District Court, Lewis and Clark County, granting a new trial to defendant Jeffrey Layne Garn for admitting irrelevant evidence at trial, based on State v. Keys (1993), 258 Mont. 311, 852 P.2d 621, which was decided between Garn's conviction and motion.

We affirm.

The sole issue raised...

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