Department of Revenue v. Waldemar W.

This is an appeal by the State of Montana from an order of the District Court of the First Judicial District, in and for the County of Lewis and Clark, granting a change of venue in a criminal prosecution.

*231Defendants in this action were charged with the offense of intentionally failing to make or render a properly completed Montana Individual Income Tax Return. Defendants initially appeared on August 16, 1979, and their arraignment was set for August 23, 1979. On that day, defendants failed to appear. The District Court contacted defendants by telephone and accepted an oral motion for a change…