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STATE v. MORAN

No. 87-155.

753 P.2d 333 (1988)

STATE of Montana, Plaintiff and Appellant, v. Kenneth N. MORAN, Defendant and Respondent.

Supreme Court of Montana.

Decided April 21, 1988.

Rehearing Denied April 21, 1988.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Robert F.W. Smith, Asst. Atty. Gen., Mike Salvagni, Co. Atty., Bozeman, Marty Lambert, Deputy Co. Atty., for plaintiff and appellant.

LeAnne Schraudner, Lilly, Andriolo and Schraudner, Richard Nellen, Bozeman, for defendant and respondent.

WEBER, Justice.

The State of Montana appeals an order granting dismissal of four criminal charges against the defendant in the Eighteenth Judicial District, Gallatin County. We reverse and remand for trial.

The issue is whether the District Court committed error by granting defendant's motion to dismiss.

In May, 1986, Mr. Moran was charged with the crime of forgery by accountability or in the alternative, conspiracy to commit forgery. Later that month...

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