State Ex Rel. Freebourn v. District Court

This is a proceeding by supervisory control to review the action of respondent court in dismissing an action for want of jurisdiction. The facts are these:

The State of Montana filed an information in the respondent court against W. E. Dean, charging him with practicing medicine and surgery without a license, contrary to section 3122, Revised Codes. The case came on for trial and after the jury was selected counsel representing the state made the opening statement to the jury, from which it appeared that W. E. Dean was a duly licensed osteopath. This fact, his counsel contended, taken in…