State v. Fetters

delivered the Opoinion of the Court.

This is an appeal by the State of Montana from an order of *205the district court of Silver Bow County granting defendants’ motion to suppress evidence in a criminal case.

Two defendants, Steve Lean and Allen Fetters, were charged in that court by Information in four counts: interference with railroad property; interference with railroad property causing death; murder; and malicious destruction of property.

The charges were based upon the affidavit of the county attorney of Silver Bow.County which stated in part:

“On March 28, 1972, at approximately 8:30 o’clock…