Great Falls Tribune from Great Falls, Montana • Page 25

Thursday, September 13, 1984 Great Falls Tribune 7-C High court hears challenge to new drunken driving law By GARRY J. MOES usual punishment because the Mis man stemmed from an explosion of a camper, which caused fatal injuries to Richard Woldstad on March 3, 1980. Woldstad died on March 9. The dispute in the case concerned coverage following expiration of the policy issued by Truck Insurance Exchange to the seller of the camper, Action Sales. The lower court found coverage effective for injury following the expiration of the policy where the defective product was sold while the policy was still in force.

The court ordered the insurance company to pay a judgment against Action Sales, which was sued, along with the manufacturer of the equipment that exploded. The Supreme Court agreed, 4-3, with the lower court and sent the case back for a determination of the amount of attorney fees the insurance company must pay to the soula County Jail is not capable of providing rehabilitation for alcoholics, such as his client. The attorney general's office argued that punishment alone, even without rehabilitation, is a legitimate objective of criminal laws. The 1983 Legislature toughened drunken driving penalties by mandating a jail sentence of between 24 hours and 60 days plus a fine of for a first offense. A second conviction calls for jailing of seven days to six months and fines of A third or subsequent conviction requires a jail sentence of 30 days to one year plus fines of The law also required serving minimum numbers of consecutive days within the sentences given.

The Supreme Court took Wednesday's arguments under advisement for a later ruling. The insurance case from Boze- HELENA (AP) The Montana Supreme Court was asked Wednesday to declare the state's newest drunken driving law unconstitutional. Lawyers for Arlene Mae Bruns of Missoula argued that the law, which requires mandatory jail sentences for conviction of driving while intoxicated, amounts to cruel and unusual punishment. Also Wednesday, the court upheld a Gallatin County District Court ruling in a dispute over insurance coverage related to a fatal camper explosion in Manhattan in 1980. In the drunken driving case, Anthony Keast, lawyer for Bruns, argued that the tough new state DUI law resulted from hysteria on the part of a Legislature pressured by public opinion.

Pruns was sentenced to one year in jail following her third drunken driving conviction. Keast argued that the law imposes unconstitutionally cruel and un Women's Juniors' Men'i Nylon Jackets Sweater Vests Levi Jeans 97 97 14 15 97 18 Two arrested MtrUVV Reg. $25 Men's flannel-lined base ball jackets and lightweight reversible terry and chintz jackets in red, navy, green, It. blue and smoke. Reg.

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12.99-19.99 NOW 10.39 to 15.99 Beautiful back-to-school dresses for girls in sizes 7-14. 97 13 20 robbing bank BUTTE (AP) Two men have been arrested in connection with the robbery of $36,000 from the Montana Bank of Butte on Aug. 31, William Fallin, special agent in charge of the FBI's regional office, said Wednesday. He said James Jelle, 29, of Town-send and Jerome Hellman, 39, of Helena, who both were recently released from the state prison in Deer Lodge, were arrested in Helena. Fallin said Jelle was arrested by the FBI while he already was in custody for a parole violation, and Hell-man was arrested without incident with the help of Helena police.

Both appeared Wednesday before U.S. Magistrate Ann Smoyer in Helena and were remanded to the custody of the U.S. Marshal's office in lieu of $100,000 bonds. Jelle remained in the Lewis and Clark County Jail because he faces the parole violation charge, while Hellman was taken to the Butte-Silver Bow jail. "Solution of the case came about as a result of citizens' cooperation and the combined efforts of the Broadwater and Butte-Silver Bow County sheriff's departments, working with Helena police and the FBI," Fallin said.

FBI agent Jerry Biederstedt said agents were "in the process of recovering some of the money." Ooff NAVY RED GREY BLUE PURPLE NATURALIZER OPEN Daily 9:30 to 8 Saturday 9:30 to 6 Sunday 1 2 to 5 1 1 1 1 i VISA Holiday Village SHOP DAILY 10 to 9 SATURDAY 10 to 6 2515 10th Ave. South SUNDAY 12 to 5 en III I wr. XII i 111 I2MJ Umjr WLU7 0-OU70 ON CASUAL SLACKS A MOW JUST Network buys station permit in Bozeman BOZEMAN (AP) Eagle Communications Network confirmed Wednesday it has purchased a fed-1 eral permit to build a Bozeman TV station from Whitefish broadcaster Benny Bee. Bee, who has tried unsuccessfully to gain major network affiliation for a proposed Bozeman station, said Eagle officials have signed papers agreeing to buy the station for an undisclosed sum. The sale.

Bee said, must be approved by the Federal Communications Commission. The Missoula-based Eagle network owns KECI-TV (Channel 13) in Missoula, KCFW-TV (Channel 9) in Kalispell and KTVM-TV (Channel 6) in Butte, which has an office here. Eagle officials in Missoula and Bozeman confirmed the purchase, but were unable to comment on details of the sale or the statewide net-, work's plans for Bozeman. Eagle spokesman, Vice President Michael J. Stocklin, was unavailable for comment.

Bee said he was forced to sell the permit after the ABC network refused his last-ditch request for network affiliation. He also said he has invested more than $200,000 during the past three years in efforts to get a Bozeman station off the ground. I i I REG. 28.00 32.00. Now's your chance to save 25-35 on some of the best looks of the season! Casual pants in autumn's newest fabrics and colors.

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Some Bozeman-area residents expressed anger about the animal's death and blamed state wildlife officials, who had tranquilized the animal in an attempt to capture it and move it back into the woods. "I seriously doubt whether the tranquilization had anything to do with it (the moose's death)," Stack-house said. SELECTED SHIRTS -1 2.99 ORIG. 16.00-20.00. Many styles knit shirts, flannels, and sportshirts, from Van Heusen, le Tigre, Levi's, and Pier Connection.

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