Opinion

State v. Ruona

  • 133 Mont. 243
  • 321 P.2d 615
  • 1958 Mont. LEXIS 62
Court
Montana Supreme Court
Filed
Jan 23, 1958
Status
Published
Author
Adair
On the bench
Harrison, Adair, Castles, Angstman, Taylor, William, Bottomly
Cited by
56 cases

holding that error was not preserved, notwithstanding consideration of it by the Court of Appeals, where the Court of Appeals has failed to expressly justify its consideration of the unpreserved error

How later courts described this case

  • holding that error was not preserved, notwithstanding consideration of it by the Court of Appeals, where the Court of Appeals has failed to expressly justify its consideration of the unpreserved error
  • overruled in part by State v. Christiansen, 2010 MT 197, ¶¶ 9-10, 357 Mont. 379, 239 P.3d 949
  • "[AJctual physical control of a vehicle results, even though the machine merely stands motionless”
  • defendant was in actual physical control despite being asleep or passed out

Written by the judges who cited it.

The opinion

*254 MR. JUSTICE ADAIR:

(concurring in the result)

I concur in the result, but not in all that is said in the foregoing opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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