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CROSBY v. ELLSWORTH

No. 23288.

431 F.2d 35 (1970)

Roy G. CROSBY, Jr., Appellant, v. E. C. ELLSWORTH, Warden, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 31, 1970.

Attorney(s) appearing for the Case

Roy G. Crosby, in pro. per.

J. C. Wiengartner (argued), Asst. Atty. Gen., Robert L. Woodahl, Atty. Gen., State of Montana, Helena, Mont., for appellee.

Before HAMLEY, MERRILL and WRIGHT, Circuit Judges.

HAMLEY, Circuit Judge:

Roy G. Crosby, Jr. appeals from a district court order denying his application for a writ of habeas corpus. Crosby was convicted in a Montana state court, on two counts of bigamy. His conviction was upheld by the Supreme Court of Montana. State v. Crosby, 148 Mont. 307, 420 P.2d 431 (1966). Although Crosby has completed service of his sentence pending the appeal herein, this does not moot the federal habeas...

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