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  5. 566 P.2d 1382 (1977)
 

STATE EX REL. NELSON v. DISTRICT COURT, ETC.

Nos. 13844 and 13855.

566 P.2d 1382 (1977)

STATE of Montana ex rel. Theodore NELSON, Relator, v. The DISTRICT COURT OF the SECOND JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF SILVER BOW, and the Hon. James D. Freebourn, presiding judge, Respondent.

Supreme Court of Montana.

Decided July 26, 1977.

Attorney(s) appearing for the Case

Henningsen, Purcell & Genzberger, Butte, Rex F. Henningsen argued, Butte, and John H. Jardine argued, Whitehall, for relator.

Mike Greely, Atty. Gen., Helena, John G. Winston, County Atty., Butte, Craig Phillips argued, Deputy County Atty., Butte, for respondent.

HARRISON, Justice.

Defendant Theodore Nelson, charged with the crime of deliberate homicide, and the state of Montana, by John G. Winston, County Attorney, Silver Bow County, petition for separate writs of supervisory control. Because petitioners are adversaries in the same criminal proceeding, the issues raised by these petitions were combined for argument before this Court and both will be decided pursuant to this opinion.

On January 4, 1977 an Information...

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