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STATE EX REL. HERMAN AND ROY v. POWELL

Nos. 10258, 10259.

367 P.2d 553 (1961)

STATE of Montana ex rel. Orville J. HERMAN, Relator, v. Floyd E. POWELL, Warden of the Montana State Prison, Respondent. STATE of Montana ex rel. Thomas J. ROY, Jr., Relator, v. Floyd E. POWELL, Warden of the Montana State Prison, Respondent.

Supreme Court of Montana.

Decided December 4, 1961.

Attorney(s) appearing for the Case

M.K. Daniels and Wm. R. Taylor (argued orally), Deer Lodge, for appellants.

Forrest H. Anderson, Atty. Gen., M. James Sorte, Asst. Atty. Gen. (argued orally), Malcolm MacCalman, County Atty. (argued orally), Deer Lodge, for respondent.

Bernard W. Thomas, Chinook, R.H. Weidman (argued orally), Polson, amicus curiae.

JOHN C. HARRISON Justice.

Original Proceedings. Petitions for writs of habeas corpus filed herein by relators, Orville J. Herman and Thomas J. Roy, Jr.

Following the filing of such petitions this court appointed M.K. Daniels and William R. Taylor, of Deer Lodge, Montana, to represent the relators and to file briefs and orally argue in the relators' behalf.

Because the questions raised on their petitions are similar, they will be considered together...

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