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STATE EX REL. ROSS v. MALLORY

No. 14887.

601 P.2d 385 (1979)

STATE of Montana ex rel., David Allen ROSS, Plaintiff and Respondent, v. Virginia MALLORY, Justice of the Peace, Polson District, Lake County, Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided October 2, 1979.

Attorney(s) appearing for the Case

Turnage & McNeil, Polson, for plaintiff and respondent.

K.M. Bridenstine, Polson, for defendant and appellant.

SHEEHY, Justice.

Relator, David Allen Ross was charged with two traffic offenses by citations issued on December 1, 1978. Ross was convicted of "reckless driving" and "leaving the scene of an accident" on January 8, 1979 after a nonjury trial in the Lake County Justice Court of Virginia Mallory, the appellant. On this same date, an oral notice of appeal was given to the Justice Court on behalf of Ross who posted an appeal bond as ordered.

On January 16, 1979...

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