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TOOKER v. ESTELLE

Civ. No. 851.

332 F.Supp. 245 (1970)

Albert Jay TOOKER, Petitioner, v. W. J. ESTELLE, Jr., Warden of Montana State Prison, and the State of Montana, Respondents.

United States District Court, D. Montana, Billings Division.

June 5, 1970.

Attorney(s) appearing for the Case

No attorney for petitioner.

Patrick J. Brophy, Asst. Atty. Gen., Helena, Mont., for respondents.

MEMORANDUM OPINION AND ORDER

BATTIN, District Judge.

Petitioner was sentenced to forty years in the Montana State Prison for the crime of second degree murder in October of 1963. He has petitioned for a writ of habeas corpus. He has filed several petitions in the Montana Supreme Court seeking post-conviction relief, and this petition is the third one filed in this court.

Petitioner's first allegation, that two depositions of witnesses were not admissible...

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