State v. Smith

¶1 Scott S. Smith (Smith) appeals from the order entered by the Thirteenth Judicial District Court, Yellowstone County, denying his motion to dismiss. We reverse.

¶2 The following issue is presented on appeal:

¶3 Did the District Court err in denying Smith’s motion to dismiss Count I of the second amended Information on grounds that: (a) the prosecutor erroneously charged him with the offense of assault with a weapon, pursuant to § 45-5-213, MCA, rather than the offense of *208privacy in communications through intimidation over the telephone, pursuant to § 45-8-213, MCA; and (b) the affidavit…