BUBNASH v. STATE

No. 10261-A.

366 P.2d 867 (1961)

Cecil BUBNASH, Petitioner, v. STATE of Montana, and Warden Floyd E. Powell, Respondents.

Supreme Court of Montana.

Decided November 29, 1961.


PER CURIAM.

Original Proceeding. Application for writ of habeas corpus filed by Cecil Bubnash, an inmate of the State Prison, appearing pro se.

Petitioner asserts the presiding judge might have been prejudiced upon his trial because such judge, when a county attorney, had once prosecuted him. Provision is made for disqualifying a district judge, but if not exercised it is waived. Petitioner must have entertained a different view than he now asserts prior to...

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