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STATE v. PUZIO

No. 14628.

595 P.2d 1163 (1979)

The STATE of Montana, Plaintiff and Appellant, v. Gregory PUZIO and Celeste Allen, Defendants and Respondents.

Supreme Court of Montana.

Decided May 30, 1979.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Mike McCarter, Asst. Atty. Gen., argued, Helena, Harold F. Hanser, County Atty., Billings, Jock B. West, argued, Deputy County Atty., Billings, for plaintiff and appellant.

Moses, Tolliver & Wright, Billings, Ralph S. Wright, argued, Billings, John L. Adams, argued, Billings, for defendants and respondents.

HARRISON, Justice.

Defendants were arrested on November 28, 1977, and subsequently charged with the crime of criminal possession with intent to sell dangerous drugs. Trial was set by the District Court for October 10, 1978, some ten and one-half months, or 317 days, after arrest. On September 26, 1978, defendant Puzio moved to dismiss the matter for lack of a speedy trial. The District Court granted the motion. The State appeals under section 95-2403, R.C.M. 1947...

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