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STATE v. HOUCHIN

No. 88-295.

765 P.2d 178 (1988)

STATE oF Montana, Plaintiff and Appellant, v. James Robert HOUCHIN, Defendant and Respondent.

Supreme Court of Montana.

Decided December 15, 1988.

Attorney(s) appearing for the Case

Susan Loehn, County Atty., Libby, Scott B. Spencer, Deputy County Atty., Mike Greely, Atty. Gen., Helena, for plaintiff and appellant.

David W. Harman, Libby, for defendant and respondent.

McDONOUGH, Justice.

This appeal involves alleged conspiracy to commit deliberate homicide, a felony. The State of Montana appeals from the order of the Nineteenth Judicial District, Lincoln County, denying the State's motion to file an information direct against James Robert Houchin (Houchin). We reverse.

The State presents one issue on appeal: whether the defense of impossibility exists in conspiracy cases.

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