State Ex Rel. Magnuson v. District Court of First Judicial Dist.

MR. JUSTICE METCALF:

This is an original proceeding by which the relator seeks to set aside an order suppressing evidence made by the Hon. George W. Padbury, judge of the first judicial district.

The facts summarized are: On January 30, 1950, the county attorney of Lewis and Clark county asked leave of court to file an information charging John P. Phillips with the crime of receiving stolen property. Leave was granted by the Hon. A. J. Horsky, judge of the first judicial district, presiding in department No. 1 of that court. The cause was assigned number 2655 by the clerk of court.

On April 29,'…