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STATE v. WHITE WATER

No. 81-112.

634 P.2d 636 (1981)

The STATE of Montana, Plaintiff and Appellant, v. Floyd Wayne WHITE WATER, Defendant and Respondent.

Supreme Court of Montana.

Decided October 13, 1981.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Richard P. Heinz, County Atty., Polson, for plaintiff and appellant.

K.M. Bridenstine, Polson, for defendant and respondent.

SHEA, Justice.

The State appeals an order by the Lake County District Court dismissing a charge of sexual intercourse without consent. The State's principal evidence against the defendant consisted of a statement allegedly made by the complaining witness shortly after the alleged crime. At trial, the complaining witness disputed the accuracy of that statement by giving a different version of the facts. The District Court...

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