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STATE v. DISTRICT COURT, COUNTY OF MISSOULA

No. 10105.

348 P.2d 135 (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 the State of Montana, IN AND FOR the COUNTY OF MISSOULA, and Honorable C. E. Comer, District Judge, Respondents.

Supreme Court of Montana.

Decided December 2, 1959.

Attorney(s) appearing for the Case

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

Harold L. Garnaas, Missoula, argued orally for respondents.

CASTLES, Justice.

This is an original proceeding for a writ of mandamus or other appropriate writ directed to the judge of the District Court of the Fourth Judicial District in and for the County of Missoula. An alternative writ of mandamus was issued by this court directed to the district judge, since retired, or his successor, in which the district judge was ordered to permit the filing of certain informations charging the crime of robbery against three named defendants...

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