STATE v. LeCOURE

No. 12087.

491 P.2d 1228 (1971)

The STATE of Montana, Plaintiff and Appellant, v. Kenneth A. LeCOURE, Defendant and Respondent.

Supreme Court of Montana.

Decided December 20, 1971.


Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., J.C. Weingartner, Deputy Atty. Gen., argued, Helena, Lawrence G. Stimatz, County Atty., J. Brian Tierney, Deputy County Atty., argued, Butte, for plaintiff and appellant.

Holland, Holland & Haxby, David L. Holland, argued, Butte, for defendant and respondent.


JOHN C. HARRISON, Justice.

This appeal arises from an order granting a motion to dismiss a second degree assault Information, on the grounds defendant had been "once in jeopardy".

The facts giving rise to the case are: Fred J. Bassett, a Federal Bureau of Investigation (FBI) agent assigned to the Butte office, on September 13, 1969, upon arrival in Butte from a trip to Bozeman, took his government vehicle to the government garage. He picked up his own vehicle...

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