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STATE v. EICHENLAUB

No. 93-215.

901 P.2d 90 (1995)

STATE of Montana, Plaintiff and Respondent, v. Anthony Chris EICHENLAUB, a/k/a Tony Eichenlaub, and Timothy John Carter, a/k/a Tim Carter, Defendants and Appellants.

Supreme Court of Montana.

Decided August 15, 1995.

Attorney(s) appearing for the Case

William F. Hooks, Appellate Defender Office, Helena, for appellant.

Joseph P. Mazurek, Atty. Gen., Carol Schmidt, Asst. Atty. Gen., Helena, Christopher G. Miller, Powell County Atty., Deer Lodge, for respondent.

TRIEWEILER, Justice.

The defendants, Anthony Eichenlaub and Timothy Carter, were charged with felony kidnapping, in violation of § 45-5-302, MCA, felony sexual intercourse without consent, in violation of § 45-5-503, MCA, and misdemeanor assault, in violation of § 45-5-201, MCA. Following presentation of the State's evidence, the District Court dismissed the charge of sexual intercourse without consent by accountability...

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