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Montana Supreme Court, 1956

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

State ex rel. Smart v. District Court of the Ninth Judicial District ex rel. County of Teton
Montana Supreme Court · Decided December 22, 1956 · Adair, Anderson, Botomly, Davis
130 Mont. 640; 304 P.2d 924; 1956 Mont. LEXIS 74

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

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.

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