State ex rel. Nelson v. District Court of the Second Judicial District ex rel. County of Silver Bow

Defendant Theodore Nelson, charged with the crime of deliberate homicide, and the state of 'Montana, by John G. Winston, County Attorney, Silver Bow County, petition for separate writs of supervisory control. Because petitioners are adversaries in the same criminal proceeding, the issues raised by these petitions were combined for argument before this Court and both will be decided pursuant to this opinion.

On January 4, 1977 an Information was filed in the district court, Silver Bow County, charging defendant with deliberate homicide under section 94-5-102(l)(a), R.C.M.1947. Defendant plead…