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STATE v. SCHNITTGEN

No. 95-384.

922 P.2d 500 (1996)

STATE of Montana, Plaintiff and Appellant, v. Donald SCHNITTGEN, Defendant and Respondent.

Supreme Court of Montana.

Submitted May 9, 1996.

Decided July 30, 1996.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General, Elizabeth L. Griffing and Brenda Nordlund, Assistant Attorneys General, Helena, Mark J. Murphy, Special Phillips County Attorney, Helena, Ed Amestoy, Phillips County Attorney, Malta, for appellant.

David L. Irving, Glasgow, Elizabeth A. Best, Best Law Offices, Great Falls, for respondent.

NELSON, Justice.

The State of Montana appeals from a judgment of the Seventeenth Judicial District Court, Phillips County, dismissing a criminal charge against Donald Schnittgen (Schnittgen). Schnittgen was charged with criminal mischief as a result of an incident at a bar in Zortman, Montana. Based on his behavior the same evening, Schnittgen was subsequently terminated from his position as deputy sheriff. Schnittgen moved to dismiss the criminal charge contending...

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