STATE v. ELLSWORTH

No. 11124.

415 P.2d 728 (1966)

STATE of Montana ex rel. Vern BIEBINGER, Relator, v. Ed ELLSWORTH, Jr., Warden of the State Penitentiary of the State of Montana, Respondent.

Supreme Court of Montana.

Decided June 22, 1966.


Attorney(s) appearing for the Case

Harold Garnaas (argued), Missoula, for appellant.

Forrest H. Anderson, Atty. Gen., Charles M. Joslyn, Asst. Atty. Gen. (argued), Helena, Robert D. Morrison, County Atty. (argued), Havre, for respondent.


JOHN C. HARRISON, Justice.

Petitioner here filed a petition for a writ of habeas corpus with the district court of the Twelfth Judicial District, being represented by counsel, in which he alleged he was not informed of his right to counsel at public expense, that he was an indigent, that he did not know nor was he informed by the district judge as to the nature of the charges against him or the consequences of a guilty plea; that had he known of his rights or had...

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