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STATE v. DISTRICT COURT

No. 9139.

239 P.2d 272 (1951)

STATE ex rel. IRVINE, v. DISTRICT COURT OF FOURTH JUDICIAL DIST. IN AND FOR LAKE COUNTY, et al.,

Supreme Court of Montana.

December 20, 1951.

Attorney(s) appearing for the Case

Stanley M. Doyle, Polson, for relator.

Arnold H. Olsen, Atty. Gen., Glen E. Cox, Asst. Atty. Gen., John D. French, County Atty., Polson, for respondents.

BOTTOMLY, Justice.

Original proceeding. By information filed September 12, 1950, in the state district court of Lake county, Montana, the relator, James Hugh Irvine, an Indian ward of the federal government, was charged with the crime of burglary of a grocery store located in the city of Ronan, in Lake county, Montana.

On the day the information was filed the relator was arraigned without the benefit of counsel, waived the statutory time to plead, and entered...

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