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STATE EX REL. NEPSTAD v. DANIELSON

No. 11139.

427 P.2d 689 (1967)

STATE of Montana ex rel. James NEPSTAD, Petitioner and Respondent, v. Russell L. DANIELSON, C.L. Duffy and Roy G. Riley, the Sheriff of Big Horn County, Montana, Respondents and Appellants.

Supreme Court of Montana.

Decided May 12, 1967.

Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Helena, Robert H. Wilson and Kenneth R. Neill, Hardin, Chadwick Smith, Sp. Asst. Atty. Gen. (argued), Helena, for appellants.

Lee Overfelt (argued), Billings, for respondent.

DOYLE, Justice.

This is an appeal from an order granting a writ of habeas corpus.

James Nepstad a non-Indian was arrested and charged with violating section 26-307, R.C.M. 1947, by killing two bull elk on the Crow Indian Reservation during the closed season. The accused petitioned the district court of the thirteenth judicial district for a writ of habeas corpus on the theory that the State of Montana was without...

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