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STATE v. DISTRICT COURT OF THIRTEENTH JUD. DIST

No. 10778.

393 P.2d 39 (1964)

The STATE of Montana ex rel. Robert H. WILSON, County Attorney of Big Horn County, Montana, Relator, v. The DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF BIG HORN and Guy C. Derry, Judge thereof, Respondents.

Supreme Court of Montana.

Decided June 9, 1964.

Attorney(s) appearing for the Case

Robert H. Wilson, County Atty., Hardin, J.H. McAlear, Red Lodge, for relator.

Bert W. Kronmiller (argued), Douglas Y. Freeman (argued), Hardin, Guy C. Derry, District Judge, Billings, for respondents.

Louis Forsell, Asst. Atty. Gen. (argued), Helena, E. Gardner Brownlee, District (argued), Missoula, amici curiae.

CASTLES, Justice.

This is an original proceeding. Petitioner is the County Attorney of Big Horn County. The petition seeks a Writ of Prohibition to prohibit the District Judge of the Thirteenth Judicial District, Honorable Guy C. Derry, from proceeding further in a criminal case under circumstances hereinafter set forth.

Clara H. Thomas and Robert G. Thomas were charged with the crime of murder in the first degree. They entered pleas of "Not Guilty" and trial...

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