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STATE v. DeGEORGE

No. 13562.

566 P.2d 59 (1977)

The STATE of Montana, Plaintiffs and Respondents, v. Ed DeGEORGE, William Kennedy and E.J. Holman, Defendants and Appellants.

Supreme Court of Montana.

Decided June 21, 1977.

Attorney(s) appearing for the Case

Mark P. Sullivan (argued), Butte, for defendants and appellants.

John G. Winston, County Atty. (argued), Butte, Jack Parker, Deputy Co. Atty. (argued), Butte, for amicus curiae.

Terry Cosgrove (argued), Helena, for plaintiffs and respondents.

JOEL G. ROTH, District Judge.*

This is an appeal from convictions of three Silver Bow County Commissioners of two counts of official misconduct, each a misdemeanor, under section 94-7-401(1)(a) and (b), R.C.M. 1947, which provides:

"A public servant commits the offense of official misconduct when, in his official capacity, he commits any of the following acts: "(a) purposely or negligently fails to perform any mandatory...

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