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STATE v. NICHOLLS

No. 82-45.

649 P.2d 1346 (1982)

STATE of Montana, Plaintiff and Appellant, v. Gordon Heber NICHOLLS, Defendant and Respondent.

Supreme Court of Montana.

Decided September 2, 1982.

Attorney(s) appearing for the Case

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

Terry Wallace, Missoula, for defendant and respondent.

SHEEHY, Justice.

The State appeals from a judgment of dismissal of a misdemeanor assault charge against defendant Gordon Heber Nicholls, entered in the District Court, Fourth Judicial District, County of Lake.

Nicholls had been charged in a complaint filed in the justice court with misdemeanor assault in that on September 25, 1980, Nicholls had purposely or knowingly caused bodily injury to Tim Thornton by setting a German shepherd dog to attack him and then...

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