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STATE v. DISTRICT COURT OF THIRTEENTH JUDICIAL DIST.

No. 9649.

294 P.2d 907 (1956)

The STATE of Montana ex rel. Mack KITCHENS, Relator, v. DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT in and for the COUNTY OF YELLOWSTONE, et al., Respondents.

Supreme Court of Montana.

Decided March 16, 1956.

Attorney(s) appearing for the Case

Michael J. Whalen, Billings, argued the case orally, for relator.

Arnold H. Olsen, Atty. Gen., Mr. Emmet T. Walsh, Asst. Atty. Gen. John J. Cavan, Jr. County Atty., Billings, John J. Caven, Jr., argued the case orally, for respondent.

DAVIS, Justice.

Mandamus on the relation of Mack Kitchens to the district court for Yellowstone County and to the Honorable E.E. Fenton, a judge thereof.

On December 3, 1954, the district court for Yellowstone County convicted Kitchens of forgery and sentenced him to a term in the state prison. On his appeal and on August 5, 1955, this court reversed and remanded with directions. See State v. Kitchens, 129 Mont. 331, 286 Pac. (2d) 1079, 1085. No petition for...

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