STATE v. DISTRICT COURT OF THE FOURTEENTH JUDICIAL DISTRICT

No. 10057.

340 P.2d 166 (1959)

STATE of Montana ex rel. Glenn FRANCE, Relator, v. DISTRICT COURT OF THE FOURTEENTH JUDICIAL DISTRICT OF the state of MONTANA, in and for the COUNTY OF WHEATLAND, and the Honorable F. V. Watts, a Judge Thereof, Respondents.

Supreme Court of Montana.

June 15, 1959.


Attorney(s) appearing for the Case

John J. Cavan, Jr., Billings, for appellant.


PER CURIAM.

Petition for Writ of Prohibition. The application for the Writ herein is denied and the proceeding dismissed.

BOTTOMLY, Justice.

In my opinion the Writ of Prohibition should be issued.

According to the record before us, there was no definite information, at the time of the arrest and search, in the knowledge of any of the law enforcement officers that justifies the arrest and search.

As Chief Justice Brantly aptly put it...

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