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STATE v. BRETZ

No. 13297.

548 P.2d 949 (1976)

The STATE of Montana, Plaintiff and Appellant, v. L.R. BRETZ and Merrel J. Cline, Defendants and Respondents.

Supreme Court of Montana.

Decided April 20, 1976.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, Albert W. Melooing, argued, Sp. Asst. Atty. Gen., Helena, James J. Masar, County Atty., Deer Lodge, for plaintiff and appellant.

Morrison & Hedman, Frank Morrison, argued, Whitefish, D.R. Matthews argued, Missoula, for defendants and respondents.

CASTLES, Justice.

This is an appeal by the state of Montana from an order of the district court, Powell County, dated February 13, 1976, wherein the Honorable Robert J. Boyd granted a defense motion to transfer to Missoula County, counts VI through X inclusive of the amended information filed in Powell County October 23, 1975.

On August 27, 1975, the state of Montana filed an information and affidavit in support thereof in Powell County, charging L.R. Bretz...

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