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STATE v. RICHTER

No. 11594.

451 P.2d 833 (1969)

The STATE of Montana, Plaintiff and Appellant, v. Russell Wayne RICHTER, Defendant and Respondent.

Supreme Court of Montana.

March 19, 1969.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Stacy W. Swor (argued), Asst. Atty. Gen., Helena, Robert D. Morrison, County Atty., Ronald W. Smith, Deputy County Atty., Havre, for appellant.

Jess L. Angstman, Havre, for respondent.

JOHN C. HARRISON, Justice.

This appeal results from dismissal of a first degree burglary information.

On March 25, 1968, an amended information was filed in Hill County charging Russell Wayne Richter with the crime of burglary in the first degree. The information specified that on January 25, 1968, the defendant "intentionally and burglariously, with the intent in him, the said Russell Wayne Richter, then and there and therein to commit larceny, during the...

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