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STATE v. HALTER

No. 88-610.

777 P.2d 1313 (1989)

STATE of Montana, Plaintiff and Appellant, v. Winifred P. "Jerry" HALTER, Defendant and Respondent.

Supreme Court of Montana.

Decided August 15, 1989.

Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., Betsy Brandborg, Asst. Atty. Gen., Helena, Thomas J. Sheehy, County Atty., Fort Benton, for plaintiff and appellant.

Robert D. Morrison, Morrison, Young, Melcher and Brown, Havre, for defendant and respondent.

SHEEHY, Justice.

The State of Montana appeals from an order of the District Court, Twelfth Judicial District, Chouteau County, dismissing with prejudice an information charging the defendant, Winifred P. "Jerry" Halter with two felonies upon the grounds that the State had allowed exculpatory evidence to be destroyed to the prejudice of the defendant.

We affirm the District Court.

The information filed March...

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