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STATE EX REL. MAIN v. DISTRICT COURT OF FIFTH J.D.

No. 12753.

525 P.2d 28 (1974)

STATE of Montana ex rel. William T. MAIN, Relator, v. The DISTRICT COURT OF the FIFTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF BEAVERHEAD, and the Hon. Frank E Blair, Presiding Judge, Respondents.

Supreme Court of Montana.

Submitted May 23, 1974.

Attorney(s) appearing for the Case

Smith Law Firm, Helena, Chadwick H. Smith, argued, Helena, for relator.

Robert L. Woodahl, Atty. Gen., Helena, W.G. Gilbert III, County Atty., argued, Dillon, for respondents.

JOHN C. HARRISON, Justice.

This is an original proceeding wherein relator William T. Main petitions for a writ of supervisory control or other appropriate writ seeking in effect dismissal of an Information and a finding of acquittal by the district court of the fifth judicial district, county of Beaverhead.

The issues here arose out of the filing of an Information charging the crimes of rape and assault in the first degree. The Information was filed on March...

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