State v. Shults

The question in this case is whether a Montana district court retains jurisdiction of a criminal case in which the state amends an Information charging a single felony to one charging only a lesser included misdemeanor.

This appeal was submitted on an agreed statement of .fact pursuant to section 95-2408(d), R.C.M.1947:

“On June 3, 1975, a one count Information was filed in the District Court of the First Judicial District of the State of Montana, in and for the County of Lewis and Clark, charging the defendant, Daniel Marcus Shults, with the offense of Theft, § 94-6-302(1) (a), R.C.M.1947, a…