Town of White Sulphur Springs v. Voise

MR. JUSTICE ADAIR:

On defendant’s timely application therefor and rehearing allowed and had, this court’s former opinion and decision pronounced and filed herein on June 24, 1957, is ordered withdrawn and the following opinion and decision is substituted therefor.

This is an appeal by the defendant, Milton Yoise, from an order of the District Court for Meagher County, Montana, dismissing an appeal taken by defendant from a judgment of conviction entered against him in the Police Court of the Town of White Sulphur Springs, Montana.

The Facts. On May 29, 1955, a complaint was filed in the Police…