Legal Opinion

State ex rel. Hepner v. District Court

Montana Supreme Court

Decided November 12, 1909No. 2,796PublishedCited by 3 opinions

Original application, by the state, on relation of H. S. Hepner, county attorney for Lewis and Clark county, for a writ of supervisory control to the district court of the first judicial district for the county of Lewis and Clark, and James M. Clements, a Judge thereof.

1Opinion of the CourtJustice Smith

Petition for a writ of supervisory control. The petitioner, who is the county attorney of Lewis and Clark county, alleges, in substance : That heretofore one Powers was by him prosecuted before S. W. Langhorne, a justice of the peace, for the statutory offense of vagrancy; that Powers entered a plea of guilty and was sentenced to serve a term in the county jail; that habeas corpus proceedings, in behalf of said Powers, were thereafter instituted in the district court before the Honorable J. M. *18Clements, one of the judges thereof; that the said Judge Clements is prejudiced against the state of…

2Cases cited1 opinion

  1. State ex rel. City of Butte v. District CourtMontana Supreme Court · 1908

3Cited by3 opinions

  1. In Re the Matter of HartMontana Supreme Court · 1978
  2. State ex rel. Grogan v. District CourtMontana Supreme Court · 1911
  3. State ex rel. Brandegee v. ClementsMontana Supreme Court · 1916

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