STATE EX REL. FORSYTHE v. COATE

No. 13640.

558 P.2d 647 (1976)

STATE ex rel. John S. FORSYTHE, Relator, v. District Judge Alfred B. COATE, Judge of the Sixteenth Judicial District, County of Rosebud, Respondent.

Supreme Court of Montana.

Decided December 30, 1976.

Rehearing Denied January 12, 1977.


Attorney(s) appearing for the Case

Lee Overfelt argued, Kurth, Felt, Speare & LaLonde, William J. Speare argued, Billings, for relator.

Bruce Becker argued, Forsyth, J. Robert Riley argued, H.J. Pinsoneault, Missoula, for respondent.


JAMES T. HARRISON, Chief Justice.

This is an original proceeding in which relator seeks an appropriate writ to require the respondent court to dismiss an indictment filed therein on or about March 19, 1976.

A little background of the situation is to be found in State ex rel. Forsythe v. District Judge Alfred B. Coate, Mont., 546 P.2d 1060, 33 St.Rep. 310, which was an original proceeding wherein relator sought a writ...

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