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STATE v. McCOY

No. 10783.

486 P.2d 247 (1971)

94 Idaho 236

The STATE of Idaho, Plaintiff-Appellant, v. Eugene L. McCOY, Probate Judge for Twin Falls County, State of Idaho, Defendant-Respondent.

Supreme Court of Idaho.

June 25, 1971.

Attorney(s) appearing for the Case

W. Anthony Park, Atty. Gen., Martin R. Ward, Deputy Atty. Gen., Boise, and Robert W. Galley, Pros. Atty., Twin Falls, for plaintiff-appellant.

May, May, Bennett & Sudweeks, Twin Falls, for defendant-respondent.

SPEAR, Justice.

This appeal presents one question for our consideration: the validity of I.C. § 49-1102(d) as amended by the 1970 Legislature.1 The statute as amended will hereafter be referred to as I.C. § 49-1102(d). In proceedings below, the probate court refused to effect the provisions of this statute and the district court quashed an Alternative Writ of Mandate which would have compelled the probate court to enter judgment...

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