State v. McCoy

SPEAR, Justice.

This appeal presents one question for our consideration: the validity of I.C. § 49-1102(d) as amended by the 1970 Legislature.1 The statute as amended will hereafter be referred to as I.C. § 49-1102(d). In proceedings below, the probate court refused to effect the provisions of this statute and the district court quashed an Alternative Writ of Mandate which would have compelled the probate court to enter judgment in accordance with the statute. The state has appealed this decision of the district court and asserts the validity of the statute in issue and the power of the…