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STATE v. DISTRICT COURT OF THIRTEENTH JUD. DIST.

No. 11447.

438 P.2d 554 (1968)

The STATE of Montana ex rel. Clara THOMAS and Robert G. Thomas, Relators, v. The DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF BIG HORN, and the Honorable A.B. Martin, Presiding Judge, Respondents.

Supreme Court of Montana.

Decided March 5, 1968.

Rehearing Denied March 25, 1968.

Attorney(s) appearing for the Case

Charles F. Moses (argued), Sandall, Moses & Cavan, Billings, for relators.

Arnold Berger, James Sinclair (argued), Billings, Forrest H. Anderson, Helena, for respondents.

PER CURIAM:

Defendants herein were charged with the crime of murder in the first degree by information filed in the District Court of Big Horn County on June 26, 1963. Each plead "not guilty". Trial by jury was had, and each was found guilty of murder in the second degree on November 22, 1963.

Thereafter new and separate trials of each defendant were ordered by the district judge, this order was appealed to this court, and by this court

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