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

Montana Supreme Court December 22, 1956

State ex rel. Smart v. District Court of the Ninth Judicial District ex rel. County of Teton, 130 Mont. 640 (Mont. 1956)

304 P.2d 924; 1956 Mont. LEXIS 74

Adair, Anderson, Botomly, Davis

Opinion of the Court

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.

Reference

Full Case Name: STATE OF MONTANA ex rel. LEE SMART and K. M. BRIDENSTINE, Next Friend, Relators and v. The Honorable THE DISTRICT COURT of the NINTH JUDICIAL DISTRICT of the STATE OF MONTANA, in and for the COUNTY OF TETON, and the HONORABLE R. M. HATTERSLEY, , the Judge thereof, and
Status: Published