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STATE EX REL. KRUTZFELDT v. DISTRICT COURT OF 13TH J.D.

No. 12618.

515 P.2d 1312 (1973)

STATE of Montana ex rel. Will J. KRUTZFELDT, County Attorney of Custer County, Montana and James J. Sinclair, his Special Assistant, Relators, v. The DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT, IN AND FOR the COUNTY OF YELLOWSTONE, on Change of Venue from District Court of the Sixteenth Judicial District of the State of Montana, In and For the County of Custer, The Honorable M. James Sorte, Presiding, thereof, Respondents.

Supreme Court of Montana.

Decided November 12, 1973.

Attorney(s) appearing for the Case

James J. Sinclair, Sp. Asst. County Atty., argued, Billings, Will J. Krutzfeldt County Atty., appeared, Miles City, for relators.

Joseph P. Hennessey argued, Billings, Kenneth Wilson appeared, Miles City, for respondents.

Robert L. Woodahl, Atty. Gen., Helena, J.C. Weingartner, Asst. Atty. Gen., appeared, Helena, Harold F. Hanser, County Atty., Billings, Diane Barz, Deputy County Atty., argued, Billings, for amicus curiae.

CASTLES, Justice.

This is an original proceeding seeking a writ of supervisory control or other appropriate writ and seeking, in effect, a declaratory judgment on a rule of law.

Petition is by the State seeking to set aside an order of the district court sitting in Yellowstone County after change of venue from Custer County, the Hon. M. James Sorte presiding. That order declared section 95-503, R.C.M. 1947, unconstitutional; permitted defendant to present...

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