State v. Rother

303 P.2d 393 (1956)

The STATE of Montana, Plaintiff and Appellant,

v.

James ROTHER, Jr., Defendant and Respondent.

No. 9544.

Supreme Court of Montana.

Submitted October 31, 1955.

Decided November 9, 1956.

Arnold H. Olsen, Atty. Gen., (Charles W. Leaphart, Jr., Asst. Atty. Gen., argued orally), for appellant.

Stanley M. Doyle, Polson, argued orally, for respondent.

MR. JUSTICE ANGSTMAN:

Defendant was charged with the crime of perjury, alleged to have been committed in Lewis and Clark County. The information charges that the defendant subscribed to a false affidavit on a claim for a gasoline tax refund…