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WILSON v. BRODIE, JUSTICE OF THE PEACE

No. 11076.

419 P.2d 306 (1966)

Donald F. WILSON, Petitioner and Respondent, v. J.E. BRODIE, Justice of the Peace of the Justice Court of Hellgate Township of the State of Montana, In and for the County of Missoula, Respondent and Appellant.

Supreme Court of Montana.

Decided October 20, 1966.

Attorney(s) appearing for the Case

H.J. Pinsoneault, Michael G. McLatchy (argued), Missoula, Charles Joslyn (argued), Helena, for appellant.

Vernon Hoven, Missoula, for respondent.

JOHN C. HARRISON, Justice.

This is an appeal from an order for the issuance of a writ of prohibition by the district court commanding the justice of the peace to desist and refrain from any further proceeding in a criminal matter.

On June 8, 1965, the State of Montana commenced an action in Justice Court against one Donald F. Wilson. The complaint filed accused Wilson of the misdemeanor of driving a vehicle on a highway under the influence of intoxicating...

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