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STATE v. CARDEN

No. 13478.

566 P.2d 780 (1977)

The STATE of Montana, Plaintiff and Appellant, v. John J. CARDEN, a/k/a James J. Carden and Gloria (Eusek) Carden, Defendants and Respondents.

Supreme Court of Montana.

Decided May 25, 1977.

Rehearing Denied August 4, 1977.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen. (argued), Helena, Robert S. Keller (argued), Kalispell, for appellant.

Smith, Emmons, Baillie & Walsh, Robert J. Emmons (argued), Great Falls, Knight, Dahood & Mackay, Wade J. Dahood (appeared), Anaconda, for respondents.

HASWELL, Justice.

Defendants James J. Carden and his wife Gloria Eusek Carden were charged with several crimes arising out of a $5,000 settlement of her Workmen's Compensation claim. The district court, Lewis and Clark County, dismissed the case on the ground that defendants had been denied their constitutional right to a speedy trial. The state appeals. We reverse.

On December 20, 1974, the attorney general filed a direct Information against the defendants...

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