STATE, MURPHY v. McKINNON

No. 13384.

556 P.2d 906 (1976)

The STATE of Montana on the relation of James E. MURPHY, Relator, v. The Honorable LeRoy L. McKINNON, District Judge of the Tenth Judicial District of the State of Montana in and for the County of Fergus, Respondent.

Supreme Court of Montana.

Decided November 17, 1976.


Attorney(s) appearing for the Case

Berger, Anderson, Sinclair & Murphy, Arnold A. Berger (argued), Billings, for relator.

Robert L. Woodahl, John F. North, Helena, William A. Spoja (argued), Lewistown, for respondent.


DALY, Justice.

This is an original proceeding wherein relator James E. Murphy seeks a writ of supervisory control, on application from the district court of Fergus County.

The facts are: At approximately 9:00 a.m. on April 29, 1975, James Murphy, Edwin Rasmussen and Gary Smith entered the Roy Bar located in Roy, Montana. Seated at the far end of the bar was Ray Hamann, the owner and operator. Hamann had had dealings with the three men before and was to testify...

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