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STATE v. PINKERTON

No. 94-213.

891 P.2d 532 (1995)

STATE of Montana, Plaintiff and Appellant, v. Ernest Grant PINKERTON, Defendant and Respondent.

Supreme Court of Montana.

Decided March 17, 1995.

Attorney(s) appearing for the Case

Hon. Joseph P. Mazurek, Attorney General; John Paulson, Assistant Attorney General, Helena; Mike Salvagni, Gallatin County Attorney; Gary Balaz, Deputy County Attorney, Bozeman.

John M. Kauffman, Gallatin County Public Defender, Bozeman, for respondent.

TURNAGE, Chief Judge.

The State of Montana appeals the decision of the Eighteenth Judicial District Court, Gallatin County, granting defendant Ernest Pinkerton's motion to dismiss. We reverse.

The issue is whether the District Court erred in granting Ernest's motion to dismiss the two-count information filed against him.

On July 16, 1993, the Gallatin County Attorney's Office filed an affidavit of probable cause and a motion for leave to file an information...

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