SCHENK v. STATE

No. 11856.

468 P.2d 769 (1970)

Franklin Norman Schenk, Petitioner, v. The STATE of Montana, and W.J. Estelle, Jr., Warden, Montana State Prison et al., Respondents.

Supreme Court of Montana.

Decided April 29, 1970.


Attorney(s) appearing for the Case

John F. Bayuk (argued), ex parte, Shelby, for petitioner.


JOHN C. HARRISON, Justice.

Petitioner Schenk appears before this Court requesting a writ of habeas corpus alleging he is illegally imprisoned in the state penitentiary. Counsel for petitioner, John F. Bayuk, argued the matter before the Court.

Petitioner was charged with first degree murder, with a prior felony, and convicted of second degree murder by a jury in the ninth judicial district, Toole county. He was sentenced to 27 years in the state penitentiary...

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