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STATE EX REL. OLD ELK v. DIST. COURT OF BIG HORN

No. 13332.

552 P.2d 1394 (1976)

STATE ex rel. Sharon OLD ELK, Jr., Relator, v. The DISTRICT COURT of the State of Montana, IN AND FOR the COUNTY OF BIG HORN, and the Honorable Charles Luedke, Presiding Judge, Respondents.

Supreme Court of Montana.

Decided July 8, 1976.

Rehearing Denied August 30, 1976.

Attorney(s) appearing for the Case

Moses, Kampfe, Tolliver & Wright, Billings, Frank Kampfe, argued, Billings, for relator.

Robert L. Woodahl, Atty. Gen, Helena, John F. North, Asst. Atty. Gen, appeared, Helena, James Seykora, County Atty., argued, Hardin, for respondents.

DALY, Justice.

This is a challenge to the jurisdiction of the district court, presented to this Court on a petition for a writ of supervisory control or other appropriate writ. Relator is the defendant in a criminal action in the district court, Big Horn County. Relator is an enrolled member of the Crow Tribe of Indians and resides within the exterior boundaries of the Crow Indian Reservation. The Crow Tribe of Indians appeared and argued as Amicus Curiae.

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