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STATE v. ROTHER

No. 9544.

303 P.2d 393 (1956)

The STATE of Montana, Plaintiff and Appellant, v. James ROTHER, Jr., Defendant and Respondent.

Supreme Court of Montana.

Decided November 9, 1956.

Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., (Charles W. Leaphart, Jr., Asst. Atty. Gen., argued orally), for appellant.

Stanley M. Doyle, Polson, argued orally, for respondent.

MR. JUSTICE ANGSTMAN:

Defendant was charged with the crime of perjury, alleged to have been committed in Lewis and Clark County. The information charges that the defendant subscribed to a false affidavit on a claim for a gasoline tax refund dated October 17, 1949, the claimant named being Rothers Incorporated, Seely Lake, Montana. The afidavit is alleged to have been made at Ronan, Lake County, before a notary public. It was specifically alleged that the affidavit...

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