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STATE EX REL. WETZEL v. ELLSWORTH

No. 10643.

387 P.2d 442 (1963)

The STATE of Montana ex rel. Dennis M. WETZEL, Relator v. Edward C. ELLSWORTH, Jr., Warden of the Montana State prison, respondent.

Supreme Court of Montana.

Decided November 20, 1963.

Amended November 22, 1963.

Attorney(s) appearing for the Case

Malcolm MacCalman (argued), Deer Lodge, for relator.

Donald J. Beighle, County Atty., Deer Lodge, Forrest H. Anderson, Atty. Gen., and Donald Douglas, Asst. Atty. Gen. (argued), Helena, for respondent.

PER CURIAM.

This court is in receipt of a petition for a writ of habeas corpus filed by Dennis M. Wetzel, an inmate of the Montana State Prison, wherein it is asserted that the petitioner is still confined at the prison under a four-year sentence which began on March 18, 1959. It further appears that when the sentence was imposed by the district court an order of suspension was entered and on or about November 20, 1960, such order of suspension was revoked and petitioner...

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