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TOOKER v. STATE

No. 10984.

410 P.2d 923 (1966)

Petition of Albert Jay Tooker. Albert Jay TOOKER, Defendant and Appellant, v. STATE of Montana, Edward Ellsworth, Warden of Montana State Prison, Plaintiff and Respondent.

Supreme Court of Montana.

Decided February 11, 1966.

Attorney(s) appearing for the Case

Waldo Spangelo (argued), Havre, for appellant.

Forrest H. Anderson, Helena, Robert D. Morrison, County Atty., Havre, William G. Sternhagen, Asst. Atty. Gen. (argued), Helena, for respondent.

JOHN C. HARRISON, Justice.

This is a petition for a writ of habeas corpus by petitioner who is now serving a forty year term in the state penitentiary for the crime of murder. Petitioner was tried before the Honorable C.B. Elwell in the district court of the twelfth judicial district, in and for the County of Hill, State of Montana.

Petitioner was found guilty of second degree murder in October 1963. No appeal was taken by petitioner. He filed this petition...

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