SPINLER v. STATE

No. 11536.

446 P.2d 429 (1968)

Ernest Gilbert SPINLER, Petitioner, v. The STATE of Montana and Edward Ellsworth, Jr., Warden of the State Penitentiary of the State of Montana, Respondents.

Supreme Court of Montana.

Decided November 1, 1968.


Attorney(s) appearing for the Case

William F. Crowley, argued, Missoula, for appellant.

Forrest H. Anderson, Atty. Gen., Charles M. Joslyn, argued, Asst. Atty. Gen., Helena, for respondents.


JOHN C. HARRISON, Justice.

This is a petition for a writ of habeas corpus or other appropriate post-conviction remedy brought to this Court by the Montana Defender Project for an indigent prisoner.

Petitioner pled guilty on June 20, 1966, in the district court of the eighth judicial district, Cascade County, to the crime of uttering and delivering a fraudulent check. A pre-sentence investigation was made revealing that petitioner was out on bond on other check...

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