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STATE v. SHULTS

No. 13143.

544 P.2d 817 (1976)

STATE of Montana, Plaintiff and Respondent, v. Daniel Marcus SHULTS, Defendant and Appellant.

Supreme Court of Montana.

Submitted December 10, 1975.

Attorney(s) appearing for the Case

Robert J. Yunck (argued), Townsend, for appellant.

Robert L. Woodahl, Atty. Gen., Thomas Dowling, County Atty., Helena, Charles A. Graveley, Deputy County Atty. (argued), Helena, for respondent.

HASWELL, Justice

The question in this case is whether a Montana district court retains jurisdiction of a criminal case in which the state amends an Information charging a single felony to one charging only a lesser included misdemeanor.

This appeal was submitted on an agreed statement of fact pursuant to section 95-2408(d), R.C.M. 1947:

"On June 3, 1975, a one count Information was filed in the District Court of the First Judicial District of the State...

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