Bailey v. State

This is an appeal by the State from an order of the district court of the thirteenth judicial district, the Honorable Robert H. Wilson, presiding, which order granted a writ denominated “Mandamus”, later corrected to Supervisory Control, ordering a justice of the peace to honor an affidavit of disqualification .and call in another justice of the peace.

A defendant, one Ellwood Carl Bailey, was charged with ■“driving while under the influence of intoxicating liquor”. He appeared in justice court, Billings Township, Yellowstone County, before W. E. Dowlin, Jr.; pleaded “not guilty” on March 6,…