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STATE v. DISTRICT COURT OF EIGHTEENTH JUDICIAL DIST.

No. 11026.

410 P.2d 933 (1966)

STATE of Montana ex rel. William H. Johnson, County Auditor 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.

February 17, 1966.

Attorney(s) appearing for the Case

Page Wellcome (argued), Bozeman, James R. Beck (argued), Forrest H. Anderson, Alfred B. Coate, Helena, relator.

Gene I. Brown (argued), Bozeman, for respondents.

JOHN C. HARRISON, Justice.

This proceeding was an original application for a writ of certiorari by the State, on the relation of William H. Johnson, County Auditor of Gallatin County, against the District Court of the Eighteenth Judicial District, in and for the County of Gallatin, ordering payment of attorney's fees in a misdemeanor case.

This is a matter of first impression in this court, though Montana has, since territorial days, paid for the defense of...

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