STATE v. DISTRICT COURT

No. 10043.

342 P.2d 1071 (1959)

STATE of Montana ex rel. Anthony F. KEAST, County Attorney in and for the County of Missoula, Relator, v. DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF State of Montana, IN AND FOR COUNTY OF MISSOULA, and the Honorable William F. Shallenberger, District Judge, Respondents.

Supreme Court of Montana.

Decided August 19, 1959.


Attorney(s) appearing for the Case

Anthony F. Keast, Missoula, argued orally for relator.

Thomas E. Mulroney, Missoula, Stanley M. Doyle, Polson, argued orally for respondent.


HARRISON, Chief Justice.

Original proceeding. Relator, county attorney, filed herein petition for writ of prohibition, in which it was alleged that after an information had been filed in respondent court charging one Ernest O. Emery with the crime of murder in the first degree, and after arraignment had commenced, defendant through his counsel filed a motion in respondent court for an order requiring relator to produce, at a time and place to be fixed by the court...

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