State v. McBenge

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 stated:

“Comes now John S. Forsythe, duly elected and qualified Rosebud County Attorney, after being first duly sworn upon his oath, deposes and informs the…