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STATE v. SAGINAW

No. 9000.

220 P.2d 1028 (1950)

The STATE of Montana, Plaintiff and Appellant, v. Lewis M. SAGINAW, Defendant and Respondent.

Supreme Court of Montana.

Decided July 20, 1950.

Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., Philip O'Donnell, and Charles V. Huppe, Asst. Attys. Gen., Melvin E. Magnuson, County Atty., Helena, for appellant.

Mr. Huppe and Mr. Magnuson argued orally.

Sherman W. Smith, Helena, for respondent.

Mr. Smith argued orally.

Mr. Arnold H. Olsen, Atty. Gen., Mr. Philip O'Donnell, Mr. Charles V. Huppe, Asst. Attys. Gen., Mr. Melvin E. Magnuson, County Atty., Helena, for appellant. Mr. Huppe and Mr. Magnuson argued orally.

Mr. Sherman W. Smith, Helena, for respondent. Mr. Smith argued orally.

PER CURIAM.

This is an appeal by the state from a judgment of the district court of Lewis and Clark county, Hon. George W. Padbury, Jr., district judge presiding, given and entered for the defendant dismissing an information filed July 1, 1949, by the county attorney on leave granted by the district court, in district court criminal cause No. 2549, charging defendant with the crime of misdemeanor committed as follows: "That at the County of Lewis and Clark, in the...

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