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

No. 12934.

531 P.2d 665 (1975)

The STATE of Montana ex rel. Allen LeMIEUX, County Attorney in and for the County of Jefferson, Relator, v. The DISTRICT COURT OF the FIFTH Judicial DISTRICT of the State of Montana, IN AND FOR THE County of Jefferson, and the Hon. Frank E. Blair, Judge thereof, Respondents.

Supreme Court of Montana.

Decided February 3, 1975.

Attorney(s) appearing for the Case

Allen LeMieux, Co. Atty. (argued), Richard J. Llewellyn, Boulder, for relator.

James H. Goetz (argued), Bozeman, for respondents.

JOHN C. HARRISON, Justice.

Original Proceeding.

This is an application for a writ of supervisory control by the Jefferson County Attorney to set aside a ruling of the district court of the Fifth Judicial District holding that section 54-132, R.C.M. 1947, is unconstitutional.

The pertinent facts are not in dispute, they are: On August 8, 1974, leave to file an Information was granted by the district court of the Fifth Judicial District charging defendants...

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