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STATE v. BRANDER

No. 96-389.

930 P.2d 31 (1996)

STATE of Montana, Plaintiff and Respondent, v. Jerry Walter BRANDER, Defendant and Appellant.

Supreme Court of Montana.

Decided December 12, 1996.

Rehearing Denied January 2, 1997.

Attorney(s) appearing for the Case

Edmund F. Sheehy, Cannon & Sheehy, Helena, for Appellant.

Joseph P. Mazurek, Attorney General, John Paulson, Assistant Attorney General, Helena; Michael T. Menahan, Deputy Lewis and Clark County Attorney, Helena, for Respondent.

NELSON, Justice.

This is an appeal from an order of the First Judicial District Court, Lewis and Clark County, denying the defendant's motion to dismiss Count I of an Information filed against him. We reverse and remand for further proceedings consistent with this opinion.

Factual and Procedural Background

Having waived preliminary examination of the same charges filed in Justice Court, Jerry Walter Brander (Jerry) was bound over to District Court...

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