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Show PROSECUTOR'S ERROR RELEASED DRUGGIST; NOW HE HESITATES Doesn't Want to Issae New Complaint Against Anstee. Chlaf of Folic B. F. Grant and ether members of tha police department ars bnt upon having a new complaint Issued Is-sued against Fred Anstee, charged with Illegally selling cocaine, whoaa caae was dismissed yesterday, a demurrer being sustained by Judge F C. Loofbourow of tha criminal division of the third district court. Deputies of the county attorney's office amy that unless further evidence is produced a second complaint raay not b granted. Tha case was dismissed because a deputy dep-uty county attorney lift out soma words In the complaint. Th evidence Introduced Intro-duced In tha case at tha preliminary hearing nearly ten months ago was sufficient suf-ficient fur Judge J. M. Bowman of th criminal division of tha city court to bind Anste over to tha district court. Judge Bowman, while on the city bench, had tha reputation of being extremely lenient. Anstee. according to Chief Grant, confessed, con-fessed, but owing to a technicality ha goes f re.- Charles M Morris, deputy county attorney, attor-ney, who prosecuted th caae for tha state, when aaked this morning whether be would Issue a second complaint said: "1 will have to give the matter serious thought before I can file a second complaint com-plaint against Fred Anstee. I don't think that wa could get a conviction without the evidence of Al Wynn. If th police can get that evidence. I will Issue a complaint. I handled the entire case before. Wynn told me before that he would testify for tha defense. If called to tha stand, so I was afraid to uae his testimony. The police baae their whole case on tha testimony said to have been given by Anstee to Chief Grant, and this testimony cannot b Introduced unless It la proven that tha tranaactlon really happened ' Chief Grant says: "If tha evidence that my men got In the Anste case Is not sufficient to convict con-vict him, I don't know what a court would require. My men saw the transaction trans-action and Anstee admitted to ins that ha had been selling drugs to Wynn for several days previous to the arrest. It Is a very strong case and I think the only reason for Its dismissal Is the faulty complaint. com-plaint. Why we should not . get a new complaint Is more than I can see. |