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STATE v. WALTER

No. 94-178.

880 P.2d 1346 (1994)

STATE of Montana, Plaintiff and Respondent, v. Valentine Antone WALTER, Defendant and Appellant.

Supreme Court of Montana.

Decided September 20, 1994.

Rehearing Denied October 13, 1994.

Attorney(s) appearing for the Case

Margaret L. Borg and Marcia M. Jacobson, Public Defender's Office, Missoula, for appellant.

Joseph P. Mazurek, Atty. Gen., Jennifer Anders, Asst. Atty. Gen., Helena, Robert L. Deschamps, III, Missoula County Atty. Betty Wing, Deputy Missoula County Atty, Missoula, for respondent.

NELSON, Justice.

This is an appeal from a Fourth Judicial District Court, Missoula County, bench trial, finding the defendant, Valentine Walter, guilty of misdemeanor cruelty to animals. We affirm.

There are three issues on appeal:

I. Was the shooting of the dog justifiable under § 81-7-401, MCA? II. What case law provides proper precedent for the instant case? III. Is there a basis for invalidating the complaint filed against...

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