# State v. Brown

> Montana Supreme Court · December 10, 1976 · 172 Mont. 41

URL: https://www.frixlaw.com/law-library/cases/9567095

## Case

- **Full name:** STATE OF MONTANA, Plaintiff and Respondent, v. DAVID OTTLEY BROWN, Defendant and Appellant
- **Court:** Montana Supreme Court
- **Decided:** December 10, 1976
- **Citations:** 172 Mont. 41; 560 P.2d 533
- **Precedential status:** Published
- **Opinion:** Dissent by Castles
- **Judges:** Daly, Castles, Haswell, Thomas, Harrison
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9567095

## Opinion text

MR. JUSTICE CASTLES
(dissenting):
I join Justice John Conway Harrison’s dissent. I add that the majority opinion is doing great damage to a simple system of charging crimes as contemplated' by the Code of Criminal Procedure. We appear to be returning to the highly technical dotting of the “i” and crossing the “t” by distinguishing between subsections of major crimes.
I would affirm the judgment.
*50 MEMO OPINION
PER CURIAM:
In this cause a petition for rehearing was granted. The Court having heard oral arguments, taken the matter under advisement in conference, and there being no change in position,
IT IS HEREBY ORDERED that the original opinion stand. Let the remittitur issue.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9567095. Public record. Not legal advice.