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STATE EX REL. RASMUSSEN v. DISTRICT COURT

No. 80-215.

615 P.2d 231 (1980)

The STATE of Montana ex rel., David Eerrol RASMUSSEN, a/k/a David Eerrol Hensrud, Relator, v. The DISTRICT COURT OF the EIGHTEENTH JUDICIAL DISTRICT, Gallatin County, Hon. Joseph B. Gary, District Judge, Respondent.

Supreme Court of Montana.

Decided August 25, 1980.

Attorney(s) appearing for the Case

A. Michael Salvagni, Bozeman, for relator.

Donald E. White, County Atty., Bozeman, for respondent.

DALY, Justice.

Relator has filed an application for a writ of supervisory control to review and reverse the District Court's denial of his motion to dismiss Count II of an information charging him with assault, a misdemeanor, in violation of section 45-5-201(1)(a), MCA. Count I of the information charges burglary, a felony, in violation of section 45-6-204(1), MCA.

The two charges in the information indicate that relator entered the apartment of Robin Lessley...

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