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STATE v. CANFIELD

No. 9372.

277 P.2d 534 (1954)

STATE of Montana, Plaintiff and Respondent, v. Jack CANFIELD, Dfendant and Appellant.

Supreme Court of Montana.

Rehearing Denied December 29, 1954.

Attorney(s) appearing for the Case

Shallenberger & Paddock, William F. Shallenberger, D.A. Paddock, Missoula, Donald R. Wolf, Joplin, for appellant.

Arnold H. Olsen, Atty. Gen., Leif Erickson, Sp. Asst. Atty. Gen., Robert O. Benson, County Atty., Plentywood, for respondent.

ANDERSON, Justice

On the authority of State of Montana v. Gleason, 128 Mont. 485, 277 Pac. (2d) 530, and cases therein cited, the cause is reversed and remanded to the district court with instructions to set aside the judgment entered against Jack Canfield and enter a judgment dismissing the action and discharging the defendant.

FREEBOURN and ANGSTMAN, JJ., concur.

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