STATE EX REL. WELLCOME v. DIST. CT.

No. 11021.

406 P.2d 164 (1965)

STATE of Montana ex rel. Page WELLCOME, County Attorney of Gallatin County, Montana, Relator, v. The DISTRICT COURT OF the EIGHTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF GALLATIN and the Honorable W.W. Lessley, Judge thereof, Respondents.

Supreme Court of Montana.

Decided October 5, 1965.


Attorney(s) appearing for the Case

Page Wellcome, County Atty., pro se.


PER CURIAM:

The petition for a Writ of Prohibition or Writ of Supervisory Control is denied without prejudice. This Court is of the opinion that an adequate remedy at law exists to test what is asserted as the prime question; that of the jurisdiction of a District Court to appoint counsel at public expense in a misdemeanor case in Justice Court. There can be no question but what a District Court can exercise jurisdiction in habeas corpus over a person held in custody...

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