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STATE v. JOHNSON

No. 11797.

472 P.2d 287 (1970)

The STATE of Montana, Plaintiff and Appellant, v. Raymond J. JOHNSON, Defendant and Respondent.

Supreme Court of Montana.

Decided July 17, 1970.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, Edward D. Yelsa, County Atty., argued, Anaconda, Peter L. Rapkoch, argued, Lewistown, for appellant.

William A. Taylor argued, Deer Lodge, Robert J. Boyd, argued, Anaconda, for respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal by the state from an order dismissing this action for insufficient evidence to support the charge entered in the district court of Deer Lodge County.

From the record it appears that in June of 1968 the State Livestock Commission discovered five head of cattle on premises owned by Raymond J. Johnson (hereafter referred to as the defendant) carrying the brand of defendant on the left hip and the brand of Mount...

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