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STATE EX REL. McKENZIE v. DISTRICT COURT OF NINTH J.D.

No. 12797.

525 P.2d 1211 (1974)

The STATE of Montana ex rel. Duncan Peder McKENZIE, Jr., Petitioner, v. The DISTRICT COURT OF the NINTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF PONDERA and the Hon. R.D. McPhillips, Judge thereof, Respondent.

Supreme Court of Montana.

Submitted July 8, 1974.

Rehearing Denied August 30, 1974.

Attorney(s) appearing for the Case

Barney Reagan argued, Cut Bank, Charles L. Jacobson argued, Conrad, for petitioner.

Robert L. Woodahl, Atty. Gen., Thomas J. Beers, argued, Asst. Atty. Gen., Helena, David H. Nelson argued, County Atty., Douglas L. Anderson, Jr. argued, Special Prosecutor, Conrad, for respondent.

GORDON BENNETT, District Judge.*

This is an original proceeding for a writ of supervisory control in which the relator seeks an order directing the district court to set aside its leave to file a second amended information; to strike a plea of not guilty entered by the court on behalf of the relator; to require the district court to limit any information to be filed to such charge or charges as to which probable cause has been shown, or...

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