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STATE v. LASTER

No. 85-622.

724 P.2d 721 (1986)

STATE of Montana, Plaintiff and Appellant, v. Van Buren LASTER, Defendant and Respondent.

Supreme Court of Montana.

Decided September 9, 1986.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Dorothy McCarter, Asst. Atty. Gen., Helena, Harold Hanser, Co. Atty., Teresa M. O'Connor, Deputy Co. Atty., Billings, for plaintiff and appellant.

Robert L. Stephens, Jr., Billings, for defendant and respondent.

SHEEHY, Justice.

Van Buren Laster was charged in the District Court, Thirteenth Judicial District, Yellowstone County, with one count of criminal sale of dangerous drugs, a felony, as specified in § 45-9-101, MCA. In the course of the trial before a jury, during the presentation of the State's case, the District Court granted defendant's motion for a mistrial. In a memorandum subsequent to the grant of the mistrial, the District Court found that further prosecution...

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