STATE v. McBENGE

No. 13879.

574 P.2d 260 (1978)

STATE of Montana, Plaintiff and Respondent, v. Ralph Eugene McBENGE, Defendant and Appellant.

Supreme Court of Montana.

Decided January 18, 1978.


Attorney(s) appearing for the Case

Claude I. Burlingame, argued, Forsyth, for defendant and appellant.

Michael T. Greely, Atty. Gen., Helena, Mike McGrath, argued, Asst. Atty. Gen., Helena, John S. Forsythe, County Atty., Forsyth, for plaintiff and respondent.


HARRISON, Justice.

This is an appeal from a conviction of possession of explosives resulting in a prison sentence of ten years.

No trial transcript has been submitted on appeal, and there is not a clear statement of facts by either party. The attack centers around the statute, the Information, and the affidavit in support of the state's motion for leave to file the Information.

Here, the affidavit and Information are the center of contention. The affidavit...

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