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STATE v. THOMPSON

No. 89-533.

792 P.2d 1103 (1990)

STATE of Montana, Plaintiff & Appellant, v. Gerald Roy THOMPSON, Defendant & Respondent.

Supreme Court of Montana.

Decided May 24, 1990.

Attorney(s) appearing for the Case

Mark Murphy, Patti Powell, Asst. Attys. Gen., Helena, Sarah Arnott, Judith Basin County Atty., Stanford, for plaintiff and appellant.

Torger Oaas, Lewistown, for defendant and respondent.

SHEEHY, Justice.

On May 25, 1989, the defendant Gerald Roy Thompson was charged with two counts of sexual intercourse without consent and one count of sexual assault. Subsequently, Thompson moved to dismiss Counts I and II of the information, those counts charging defendant with sexual intercourse without consent. Thompson moved to dismiss Counts I and II of the information on the specific ground that the probable cause affidavit was insufficient. On September 1,...

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