The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-03-14
Substitute for House Bill No. Q

An act entitled can act relating to information in criminal .,sasy
Be it enacted by the Legislative assembly of the state of Montana:
Section l.. The district cours shall have original jurisdiction ih criminal
cases. amounting to felony, and in all cases of mbdemeanor not therwise pro-
All criminal actions in the district court except those on appeal shall be prose.
after leave granted by the court, or shall be prosecuted by indictment without n
such examination or commitment or without such leave of the cour.
Section q. When the defendant has been examined and COMMITTED ~ ,dui..oa
to bail, as provided by law, or upon leave of court, the county uornev must
within thirty days after the delivery of the complaint and other paper to tbs
proper district ourt ora after such leave file in such our an information ch,ras
ing the defendant with the ofense for which he is held to answer or with which
he is charged, ora my other ofense by the factsd disclosed; and before so dong he
must inquire into and make determination of all facts and circumstances to,,hs
ing the commission of any such public oaense. If the county attorney shall de-.
ternne in the case of any person bound that an information ought moi to be
filed, he must within thirty days after delivery of complaint and
ton in SUCH cae. and thereupon the ourt music xami D o %s . "ng an Informs n
with the evidence, if any filed in the Ease, and if upon such examination the
court is o satisfied with such statement the attorney must be directed and re-
qurcd by the curt to file the proper information and bring the case to trial. A
district judge may in extreme eases upon adidavis with him filed of the commits.
sion ofc crime, order the prosecuting attorney to prosecute any criminal by infor.
nation for such crime, and may compel by attachment, fine or imprisonment, the
Section 5. In IN information the oHense charged thercins shall be stated with
the sam funne*s and precision in matters of substance as is o may here.
after be required by law, in an indictment for the SAM oaens. Different degrees
might be joined by different counts n ar Indictment. All informatons shall be
fled by him or some Other person as complainant and when verified by the
prosecuting attorney, may be verified by him upon information and belief There
shall be Endorsed upon each information at the time of the filing of the the
names of all witnesses known to the prosecuting attorney; and al such time be
fore The trial of any CASE as the court may, by rule or otherwise, prescribe, he
han also "dose thereon the names OF sue other witnesses as shall then be
known to him..
to wts and processes herein and the xs ppa na " prosecutor o" p
thereon, to motions, demurrer. amendments, pleadngs trials penalties and.
'punshments the passing or he execution of any sentence, appeals, ant to all other,
jurisdiction shall, in the SAN and to the same cxtcnta nd effect as near as
may be, apply to prosecutions by information and 10 all proceedings thereon, the
same as if prosecuted by indictment
Approved March I'd 1901
STATE IL MONTANA,
SECRETARYs OFFcES #
l. I. Rot~itt secretary OF the state of Montana, do hereby certify that the
above is, with the exception of corrections in photography and punctuation ad
of commissions or subsitme words in brackets al rue and cmrectc ~ ofan
act entitled an act relating to information in criminal cases enacted h -. .m
session of the legislative assembly of the state of Montana and approved by Jos
K-T oole governor offs said state, On the I'd day of March, 1891.
In testimony whereof Ihavc hereuno sa my hand and affixed the greats seal of
sads tate.
d. 1891.
lsEMl L. Rorwrrr
Secretary of State