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CLARK v. DISTRICT COURT OF SIXTH JUDICIAL DISTRICT OF, IN AND FOR COUNTY SWEET GRASS

No. 10568.

381 P.2d 472 (1963)

LaVern CLARK, Petitioner, v. The DISTRICT COURT OF the SIXTH JUDICIAL DISTRICT OF the State of Montana, IN AND FOR the COUNTY of SWEET GRASS and the Honorable George J. Allen, Presiding Judge, Respondent.

Supreme Court of Montana.

Decided May 13, 1963.

Attorney(s) appearing for the Case

Stanley P. Sorenson, Everett W. Gross (argued orally), Helena, Claude C. Gray, Big Timber, for appellant.

Donald A. Douglas, (argued orally), Helena, for respondent.

JAMES T. HARRISON, Chief Justice.

This is an original proceeding. On December 30, 1961, relator was charged by complaint in the justice court with a misdemeanor, disturbing the peace. Following a trial he was convicted and fined the sum of $100. He gave notice of appeal and presented an undertaking on appeal in the sum of $200, which the justice of peace approved.

On February 7, 1963, the county attorney made a motion to dismiss the appeal in the district...

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