Montgomery v. State
Annotate this CaseDefendant pleaded guilty to two counts of felony sexual assault. This appeal concerned Defendant’s motion to vacate his conviction and dismiss the charges. In his motion Defendant claimed that the district court lacked subject matter jurisdiction because the charges were not brought by a grand jury process and that Montana law did not allow a court to obtain jurisdiction over a felony without this process. The district court denied the motion. The Supreme Court affirmed, holding that the district court had subject matter jurisdiction under Montana’s Constitution and state law.
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