STATE v. SWORD

No. 87-235.

747 P.2d 206 (1987)

STATE of Montana, Plaintiff and Appellant, v. Phil SWORD, Defendant and Respondent.

Supreme Court of Montana.

Decided December 15, 1987.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., John Paulson, Asst. Atty. Gen., Helena, Ted Lympus, Co. Atty., Ed Corrigan, Deputy Co. Atty., Kalispell, for plaintiff and appellant.

Gary A. Crowe, Kalispell, for defendant and respondent.


WEBER, Justice.

The Eleventh Judicial District, Flathead County, dismissed charges against defendant on the basis of double jeopardy. The State appeals. We affirm.

The issue is:

Did the District Court err in concluding that the State prosecution of defendant for subscribing to a materially false statement on an application for a grizzly bear trophy license was barred by double jeopardy where defendant had...

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