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STATE v. COLE

No. 13786.

571 P.2d 87 (1977)

The STATE of montana, plaintiff and appellant, v. frank COLE, Jr., Defendant and Respondent.

Supreme Court of Montana.

Decided October 26, 1977.

Attorney(s) appearing for the Case

Michael T. Greely, Atty. Gen., Helena, Arthur W. Ayers, Jr., County Atty., argued, Red Lodge, for plaintiff and appellant.

Kampfe & Perhacs, Red Lodge, D. Frank Kampfe, argued, Red Lodge, for defendant and respondent.

HATFIELD, Chief Justice.

The Carbon County attorney charged defendant with four counts of official misconduct under section 94-7-401, R.C.M. 1947. Defendant moved to dismiss the four count Information. The district court granted the motion to dismiss Count I and denied the dismissal of Counts II, III, and IV. The Carbon County attorney appeals the dismissal.

On January 20, 1977, the Carbon County attorney applied to the district court for leave to file an...

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