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

This is an original proceeding seeking a writ of supervisory control or other appropriate writ and seeking, in effect, a declaratory judgment on a rule of law.

Petition is by the State seeking to set aside an order of the district court sitting in Yellowstone County after change of venue from Custer County, the Hon. M. James Sorte presiding. That order declared section 95-503, R.C.M. 1947, unconstitutional; permitted defendant to present the question of mental disease as a defense before the jury; and, declared the rule of law for the defense of mental disease to be that of the American Law…