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STATE EX REL. WOODAHL v. DISTRICT COURT OF FIRST J.D.

No. 12240.

495 P.2d 182 (1972)

The STATE of Montana on the relation of Robert L. WOODAHL, Attorney General of the State of Montana, Relator, v. The DISTRICT COURT OF the FIRST JUDICIAL DISTRICT of the State of Montana IN AND FOR the COUNTY OF LEWIS AND CLARK and Honorable Nat Allen, the Acting Judge thereof, Respondents.

Supreme Court of Montana.

Decided March 31, 1972.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., John P. Connor, Jr., Asst. Atty. Gen., Helena, Poore, McKenzie & Roth, Robert Poore, Sp. Deputy Atty. Gen. (argued), Donald Robinson, Butte, for relator.

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

H. James Oleson (argued), Kalispell, amicus curiae.

HASWELL, Justice.

The attorney general's application to this Court for supervisory control or other appropriate relief presents but a single legal issue: whether the attorney general, under the facts and circumstances of this case, has the power to initiate a criminal felony prosecution in the district court independent of the county attorney.

The district court held the attorney general has no such legal power. We agree.

The facts of this case are...

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