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STATE v. STEWARD

No. 13059.

543 P.2d 178 (1975)

The STATE of Montana, Plaintiff and Appellant, v. Clarence STEWARD, Defendant and Respondent.

Supreme Court of Montana.

Decided December 8, 1975.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, William A. Douglas, County Atty. (argued), Libby, Ann C. German, Missoula, for plaintiff and appellant.

Moses, Kampfe, Tolliver & Wright, Billings, D. Frank Kampfe (argued), Billings, for defendant and respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal from an order of the district court, Lincoln County, dismissing with prejudice an Information due to denial of the right to a speedy trial.

Defendant was charged and arrested on January 10, 1974 for lewd and lascivious acts against children, a felony under former section 94-4106, R.C.M. 1947. He was released on $25,000 bond within the week and has been free on bond since that time. On January 16, 1974, the...

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