State ex rel. Kitchens v. District Court of the Thirteenth Judicial District ex rel. County of Yellowstone

MB. JUSTICE DAVIS:

Mandamus on the relation of Mack Kitchens to the district court for Yellowstone County and to the Honorable E. E. Fen-ton, 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 rehearing or other application that our opinion or mandate there to the district court be modified was presented. Accordingly our…