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STATE v. VOTH

No. 94-348.

892 P.2d 537 (1995)

STATE of Montana, Plaintiff and Respondent, v. William Joseph VOTH, Jr., Defendant and Appellant.

Supreme Court of Montana.

Decided March 23, 1995.

Attorney(s) appearing for the Case

Karl P. Seel, for Appellant.

Joseph P. Mazurek, Atty. Gen., Brenda Nordlund, Asst. Atty. Gen., Helena, Mike Salvagni, Gallatin County Atty., Jane Mersen, Deputy County Atty., Bozeman, for respondent.

HUNT, Justice.

On November 17, 1993, William Joseph Voth, Jr., was found guilty of, and sentenced, for contempt of court for failing to personally appear at trial in Gallatin County Justice Court on September 29, 1993. Voth petitioned the Eighteenth Judicial District Court, Gallatin County, for a writ of certiorari. The District Court denied the petition and stated that the Justice Court properly held Voth in contempt. Voth appeals. We reverse and remand.

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