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STATE EX REL. FORSYTHE v. COATE

No. 13268.

546 P.2d 1060 (1976)

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

Supreme Court of Montana.

Decided March 12, 1976.

Attorney(s) appearing for the Case

Eugene A. Lalonde, argued, Billings, for relator.

John S. Forsythe, pro se.

Alfred B. Coate, District Judge, argued, Forsyth, Gene Huntley, argued, Baker, for respondents.

PER CURIAM:

This is an original application by the Rosebud County attorney for a writ of prohibition or other appropriate relief (1) to disqualify the district judge from sitting upon a grand jury investigation, and (2) to have a special prosecutor appointed from outside the sixteenth judicial district to assist the grand jury.

Relator is John S. Forsythe, the county attorney of Rosebud County, Montana. Respondents are District Judge Alfred B. Coate, one of...

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