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STATE v. DISTRICT COURT OF FIRST JUDICIAL DIST.

No. 8987.

220 P.2d 1035 (1950)

STATE ex rel. PORTER v. DISTRICT COURT OF FIRST JUDICIAL DIST. et al.

Supreme Court of Montana.

Decided July 24, 1950.

Attorney(s) appearing for the Case

Stanley M. Doyle, Lyle C. Nelson, Polson, Mont., for relator.

Melvin E. Magnuson, County Attorney, John C. Harrison, and Michael G. Chilton, Deputy County Attorneys, Floyd O. Small, Sp. Prosecutor, all of Helena, for respondents.

Edmond G. Toomey, Charles N. Wagner, Carl Rasch, Thomas P. Patterson, H. J. Luxan, Jr., Sam D. Goza, Jr., Leo J. Kottas, T. B. Weir, Newell Gough, Jr., E. K. Matson, Sam C. Ford, Victor H. Fall, Hugh D. Galusha, Jr., Gordon R. Hickman, Leif Erickson, William A. Brown, all of Helena, amici curiae.

METCALF, Justice.

Application for a writ of prohibition. The relator is named as defendant in 16 indictments returned against him by the grand jury of Lewis and Clark county. Two of the indictments were returned on October 7, 1949, three on October 18th and the remaining eleven on November 4th.

On October 29, 1949, the relator through his counsel filed a civil action against the grand jurors and others. Allegations in that complaint were deemed contemptuous...

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