PETITION OF DAVIS

No. 10211.

361 P.2d 963 (1961)

139 Mont. 619

Petition of Gerald F. DAVIS for a Writ of Mandate and to Proceed in Forma Pauperis.

Supreme Court of Montana.

Petition for Rehearing and for Writ of Mandate denied June 12, 1961.


PER CURIAM.

Original proceeding brought by Gerald F. Davis, an inmate of the Montana State Prison, wherein he seeks a writ of mandate to compel the District Court of Gallatin County to proceed to determine the merits of a motion for new trial which he alleges he filed with said Court on some date subsequent to April 11, 1961.

The files of this Court disclose that judgment in the case of State of Montana v. Gerald F. Davis was entered in the District Court...

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