STATE v. MIELKE

No. 11215.

420 P.2d 155 (1966)

STATE of Montana, Plaintiff and Respondent, v. Charles MIELKE, Defendant and Appellant.

Supreme Court of Montana.

Decided November 16, 1966.


Attorney(s) appearing for the Case

Raymond E. Dockery, Jr. (argued), Lewistown, for appellant.

Forrest H. Anderson, Atty. Gen., Helena, Donald Garrity, Asst. Atty Gen. (argued), Helena, Gordon R. Hickman, Co. Atty. (argued), Harlowton, for respondent.


JAMES T. HARRISON, Chief Justice.

This is an appeal from an order denying a motion to withdraw a former plea. The order denying the motion stated that "all the motions and matters heard by the Court raised on said motion, treated as a petition in Habeas Corpus are herewith denied."

On January 7, 1966, the defendant, an inmate of the state prison, filed certain papers with the district court of Wheatland County. These papers, handwritten and prepared without...

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