STATE v. FOURTH JUDICIAL DISTRICT COURT

No. 10013.

336 P.2d 699 (1959)

STATE of Montana, ex rel. Anthony F. KEAST, County Attorney of Missoula County, Relator, v. FOURTH JUDICIAL DISTRICT COURT and C. E. Comer, Judge, Respondents.

Supreme Court of Montana.

Decided March 23, 1959.


Attorney(s) appearing for the Case

Anthony F. Keast, Missoula, for relator.

Jay M. Kurtz, Missoula, for respondents.


ANGSTMAN, Justice.

Relator as county attorney of Missoula County brought this original proceeding seeking a writ of mandate against the respondent court and the Honorable C.E. Comer, judge thereof, directing them to assume jurisdiction over an information charging Ervin Aris Young with a felony and with a prior conviction.

The facts, out of which the controversy arises, are as follows:

On December 27, 1957, a complaint was filed against Ervin Aris...

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