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STATE v. MOORE

No. 13788.

570 P.2d 580 (1977)

The STATE of Montana, Plaintiff and Appellant, v. Marvin MOORE, Defendant and Respondent.

Supreme Court of Montana.

Decided October 19, 1977.

Attorney(s) appearing for the Case

Michael T. Greely, Atty. Gen., Helena, James Tillotson, Asst. Atty. Gen. (argued), Helena, J. Fred Bourdeau, County Atty., Great Falls, Carroll Blend, Asst. County Atty. (argued), Great Falls, for plaintiff and appellant.

Howard F. Strause (argued), Great Falls, for defendant and respondent.

HASWELL, Justice.

The question in this case is whether a defendant accused of deception in causing Cascade County to execute warrants in excess of $150 for welfare assistance can be prosecuted for the felony of deceptive practices of whether prosecution is limited to the misdemeanor charge of welfare fraud. The district court dismissed the felony charge. We reverse.

The substance of the accusation underlying the felony charge is that the defendant

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