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BAILEY v. STATE

No. 12579.

517 P.2d 708 (1973)

Ellwood Carl BAILEY, Plaintiff and Respondent, v. STATE of Montana, and W.E. Dowlin, Jr., Justice of the Peace of the Billings Township, Defendant and Appellant.

Supreme Court of Montana.

Decided December 27, 1973.

Rehearing Denied January 22, 1974.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Helena, Thomas Beers, Asst. Atty. Gen., argued, Helena, Harold F. Hanser, Co. Atty., Billings, Doris M. Poppler, Deputy Co. Atty. argued, Billings, for appellant.

Robert C. Brogan, argued, Billings, for respondent.

CASTLES, Justice.

This is an appeal by the State from an order of the district court of the thirteenth judicial district, the Honorable Robert H. Wilson, presiding, which order granted a writ denominated "Mandamus", later corrected to Supervisory Control, ordering a justice of the peace to honor an affidavit of disqualification and call in another justice of the peace.

A defendant, one Ellwood Carl Bailey, was charged with "driving while under the influence...

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