State ex rel. Smart v. District Court of the Ninth Judicial District ex rel. County of Teton

Montana Supreme Court

State ex rel. Smart v. District Court of the Ninth Judicial District ex rel. County of Teton

304 P.2d 924, 130 Mont. 640, 1956 Mont. LEXIS 74

Montana Supreme Court·Decided December 22, 1956·No. No. 9774·Published

Opinion

Per Curiam.

Mandamus. It is ordered that the petition of the relator for a Writ of Mandate to be directed to the respondent District Court and Judge, commanding them to dismiss the information now on file in the respondent District Court against the relator, Lee Smart, accusing him of the crime of murder, is denied without prejudice. It is so ordered.

MR. CHIEF JUSTICE ADAIR, and MR. JUSTICES ANDERSON, and DAVIS, concur.

MR. JUSTICE BOTOMLY:

I think the Writ should issue.

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Per Curiam.

Mandamus. It is ordered that the petition of the relator for a Writ of Mandate to be directed to the respondent District Court and Judge, commanding them to dismiss the information now on file in the respondent District Court against the relator, Lee Smart, accusing him of the crime of murder, is denied without prejudice. It is so ordered.

MR. CHIEF JUSTICE ADAIR, and MR. JUSTICES ANDERSON, and DAVIS, concur.

MR. JUSTICE BOTOMLY:

I think the Writ should issue.

State ex rel. Smart v. District Court of the Ninth Judicial District ex rel. County of Teton, 304 P.2d 924, 130 Mont. 640, 1956 Mont. LEXIS 74 (Mo. 1956).

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304 P.2d 924 (State ex rel. Smart v. District Court of the Ninth Judicial District ex rel. County of Teton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.