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STATE v. HOUSER

No. 80-419.

626 P.2d 256 (1981)

STATE of Montana, Plaintiff and Appellant, v. James Albert HOUSER, Defendant and Respondent.

Supreme Court of Montana.

Decided April 8, 1981.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Donald White, County Atty., Bozeman, for plaintiff and appellant.

McKinley T. Anderson, Bozeman, for defendant and respondent.

DALY, Justice.

This is an appeal from a judgment of the District Court of the Eighteenth Judicial District, Gallatin County, granting defendant's motion to dismiss.

On August 26, 1980, the deputy Gallatin County attorney filed an information charging defendant with the offense of criminal mischief in violation of section 45-6-101(1)(a), MCA. The facts alleged were that on or about August 21, 1980, defendant purposely or knowingly injured and damaged a 1980...

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