Legal Opinion
State ex rel. Lemieux v. District Court of the Fifth Judicial District ex rel. County of Jefferson
Montana Supreme Court
Decided February 3, 1975No. 12934PublishedCited by 3 opinions
1Opinion of the Court
MR. JUSTICE JOHN C. HARRISON
delivered the Opinion of the Court.
Original Proceeding.
This is an application for a writ of supervisory control by the Jefferson County Attorney to set aside a ruling of the district court of the Fifth Judicial District holding that section 54-132, R.C.M. 1947, is unconstitutional.
The pertinent facts are not in dispute, they are: On August 8, 1974, leave to file an Information was granted by the district court of the Fifth Judicial District charging defendants, Penny Mitchell and Richard Mitchell with the criminal sale of dangerous drugs as specified in section…
2Cases cited4 opinions
- Tot v. United StatesSupreme Court of the United States · 1943
- People v. KnowlesCalifornia Supreme Court · 1950
- Calvert v. Zanes-Ewalt Warehouse, Inc.Texas Supreme Court · 1973
- Calvert v. Zanes-Ewalt Warehouse, Inc.Court of Appeals of Texas · 1973
3Cited by3 opinions
- State Ex Rel. Zander v. DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICTMontana Supreme Court · 1979
- District Court of Fifth Judicial District v. Montana ex rel. LeMieuxSupreme Court of the United States · 1975
- State Ex Rel. Zander v. DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICTMontana Supreme Court · 1979