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STATE EX REL. McDONALD v. DISTRICT CT. OF FOURTH J. D.

No. 12244.

496 P.2d 78 (1972)

STATE of Montana ex rel. Thomas E. McDONALD, Petitioner, v. The DISTRICT COURT OF the FOURTH JUDICIAL DISTRICT of the State of Montana, In and For the COUNTY OF MISSOULA, Judge Jack L. Green, presiding, Respondent.

Supreme Court of Montana.

Decided April 19, 1972.

Attorney(s) appearing for the Case

Edward A. Cummings, Missoula, for petitioner.

Robert L. Woodahl, David V. Gliko, Helena, Robert L. Deschamps III, Missoula, Michael G. McLatchy (argued), Missoula, for respondent.

David J. Patterson, (argued), Missoula, Barney Reagan, argued, Helena, for amicus curiae.

HASWELL, Justice.

This is an original application for an appropriate extraordinary writ to determine the jurisdiction of a state district court over criminal proceedings against an Indian for alleged crimes committed on the Flathead Indian Reservation. The district court of Missoula County, the Honorable Jack L. Green, district judge, held that the district court had such criminal jurisdiction and denied defendant's motion to dismiss. Defendant now seeks review of...

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