Forsythe v. Wenholz Ex Rel. County of Rosebud

MR. JUSTICE JOHN C. HARRISON

delivered the opinion of the court.

This is an appeal by Alice Wenholz, Justice of the Peace in Department No. 1, in and for the County of Rosebud, from an order of the district court requiring her to reinstate a judgment and penalty previously imposed in a criminal misdemeanor case.

The case arises from an action brought in the justice court entitled “State of Montana v. Stanley Brian Johnson”. Mr. Johnson was found guilty of driving while intoxicated by jury verdict in the justice court, Department No. 1, County of Rosebud. After trial, Johnson filed a motion for a…