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STATE v. RENZ

Nos. 80-449, 80-450.

628 P.2d 644 (1981)

STATE of Montana, Plaintiff and Appellant, v. Robert RENZ, Defendant and Respondent.

Supreme Court of Montana.

Decided May 11, 1981.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Patrick Flaherty, County Atty., Boulder, for plaintiff and appellant.

Henningsen, Purcell & Genzberger, Butte, for defendant and respondent.

SHEEHY, Justice.

The State of Montana appeals from two orders of the Fifth Judicial District Court, Jefferson County. In both orders, the District Court set aside previous orders granting leave to file an information against defendant. The court set aside its first order and dismissed the information without prejudice, after defense counsel moved to strike the information. Defense counsel asserted that the information's accompanying affidavit alleged insufficient...

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