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State v. Bush

Montana Supreme Court
636 P. 2d 849 (1981)


Facts

Edward Bush (defendant) met Kathleen Kohse in a Montana bar and recruited her to be a film courier. Bush told Kohse that he was a professional photographer, and his company needed a film courier. Kohse agreed to take the position and was flown to Los Angeles. Bush met Kohse in Los Angeles and then told her that she was going to be a photographer, instead. Bush gave her three cameras, a camera case, and arranged for her to travel to Lima, Peru, to take pictures at the zoo to learn how to be a photographer. Kohse went to Peru and took pictures. While she was at the zoo, her contact took the camera case and left her there for a few hours. When Kohse traveled back to Los Angeles, police officers discovered cocaine hidden inside the camera case and arrested her. The State of Montana (plaintiff) charged Bush with criminal solicitation of Kohse to possess illegal drugs. Bush was convicted and appealed.

Rule of Law

Issue

Holding and Reasoning (Haswell, J.)

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