STATE v. ELLSWORTH

No. 10557.

380 P.2d 886 (1963)

The STATE of Montana, on the Relation of William J. NELSON, Relator, v. Edward C. ELLSWORTH, Jr., Respondent.

Supreme Court of Montana.

Decided April 25, 1963.


Attorney(s) appearing for the Case

William R. Taylor (argued orally), Deer Lodge, for relator.

Donald Douglas, Asst. Atty. Gen. (argued orally), Helena, for respondent.


JOHN C. HARRISON, Justice. Court.

This is a petition for a writ of habeas corpus.

Petitioner was first convicted of first degree burglary in the district court of the thirteenth judicial district, County of Yellowstone, on or about January 21, 1954, and sentenced to ten years in the state penitentiary. When he entered prison and commenced serving this sentence he was subject to the provisions of section 80-739, R.C.M. 1947, on parole and probation. This statute...

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