STATE v. MOEHR

No. 87-03.

738 P.2d 499 (1987)

STATE of Montana, Plaintiff and Appellant, v. Lonnie MOEHR, Defendant and Respondent.

Supreme Court of Montana.

Decided June 24, 1987.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., John Paulson, Asst. Atty. Gen., Helena, Joe A. Rodriguez, Co. Atty., Hardin, for plaintiff and appellant.

James E. Torske, Hardin, for defendant and respondent.


McDONOUGH, Justice.

The State of Montana appeals the September 18, 1986, order of the Thirteenth Judicial District Court, County of Big Horn, granting defendant's motion to dismiss for lack of speedy trial. We reverse.

On October 22, 1985, the Big Horn deputy county attorney filed an information and affidavit of probable cause alleging attempted sexual intercourse without consent by defendant, as specified in §§ 45-4-103 and 45-5-502(1), MCA.

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