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STATE v. DISTRICT COURT OF FIRST JUDICIAL DIST.

No. 9050.

231 P.2d 941 (1951)

STATE ex rel. MAGNUSON, County Attorney, v. DISTRICT COURT OF FIRST JUDICIAL DIST., IN AND FOR LEWIS AND CLARK COUNTY, et al.,

Supreme Court of Montana.

Decided May 29, 1951.

Attorney(s) appearing for the Case

Melvin E. Magnuson, County Atty., Mr. John C. Harrison, Deputy County Atty., Helena, for petitioner.

Sherman W. Smith, Helena, for respondent.

METCALF, Justice.

This is an original proceeding by which the relator seeks to set aside an order suppressing evidence made by the Hon. George W. Padbury, judge of the first judicial district.

The facts summarized are: On January 30, 1950, the county attorney of Lewis and Clark county asked leave of court to file an information charging John P. Phillips with the crime of receiving stolen property. Leave was granted by the Hon. A.J. Horsky, judge of the first...

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