STATE v. LARSON

No. 80-324.

623 P.2d 954 (1981)

STATE of Montana, Plaintiff and Appellant, v. Philmon LARSON, Defendant and Respondent.

Supreme Court of Montana.

Decided February 17, 1981.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Charles Graveley, County Atty., Helena, for plaintiff and appellant.

Bernard Everett, Anaconda, for defendant and respondent.


DALY, Justice.

The State appeals from a final judgment of the District Court of the First Judicial District, County of Lewis and Clark, dismissing with prejudice the information charging defendant with arson. The dismissal was based on a deprivation of defendant's constitutional rights to a speedy trial and due process of law.

On September 29, 1978, defendant's home in Helena, Montana, was destroyed by fire. The cause of the fire was suspicious. Therefore...

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