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STATE v. CONRAD

No. 81-314.

643 P.2d 239 (1982)

STATE of Montana, Plaintiff and Appellant, v. Germaine D. CONRAD and Robert F. Palmer, Defendants and Respondents.

Supreme Court of Montana.

Decided April 12, 1982.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Robert L. Deschamps, III, argued, Missoula, for plaintiff and appellant.

Moses Law Firm, Charles F. Moses, argued, Billings, Edward A. Cummings, argued, Missoula, for defendants and respondents.

HASWELL, Chief Justice.

This is an appeal from an order denying the State's motion for leave to file an information charging the defendants with official misconduct. We affirm.

The facts disclose that defendant Robert Palmer was sworn in as a Missoula County Commissioner on the morning of January 5, 1981. Defendant Germaine Conrad was already a County Commissioner. The third County Commissioner was Barbara Evans. Charles Brooke was the Commission's administrative...

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