STATE v. ELLSWORTH

No. 10476.

375 P.2d 316 (1962)

The STATE of Montana, on the relation of William J. NELSON, Relator, v. Edward C. ELLSWORTH, Jr., as Warden of the Montana State Prison; Tim Babcock, Governor of the State of Montana; Forrest H. Anderson, Attorney General of the State of Montana; and Frank Murray, Secretary of State of the State of Montana, constituting the State Board of Prison Commissioners, Respondents.

Supreme Court of Montana.

October 17, 1962.


Attorney(s) appearing for the Case

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

Forrest H. Anderson, Atty. Gen., Helena, Donald A. Douglas, Asst. Atty. Gen. (argued orally), Helena, Malcolm MacCalman, County Atty. (argued orally), Deer Lodge, for respondents.


JAMES T. HARRISON, Chief Justice.

[1] An original petition was filed in this court praying for the issuance of a writ of mandate or other remedial writ to be directed to the Warden of the Montana State Prison and the State Board of Prison Commissioners. The petition alleged that on June 21, 1954, relator was convicted of the crime of burglary in the first degree and was sentenced to a term of ten years which he began serving on July 24, 1954, in the state...

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