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BENTLEY v. CRIST

No. 72-2124.

469 F.2d 854 (1972)

Donald A. BENTLEY, Jr., Petitioner-Appellant, v. Roger W. CRIST, Warden of Montana State Prison, and the State of Montana, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

November 27, 1972.

Attorney(s) appearing for the Case

David J. Patterson, Montana Defender Project, University of Montana School of Law, Missoula, Mont., for petitioner-appellant.

Robert L. Woodahl, Atty. Gen., J. C. Weingartner, Deputy Atty. Gen., Helena, Mont., for respondents-appellees.

Before DUNIWAY, ELY and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Bentley was tried and convicted in a Montana state court on three counts of assault1 and the conviction was affirmed by the Supreme Court of Montana. State v. Bentley, 155 Mont. 383, 472 P.2d 864 (1970). He then brought this petition for a writ of habeas corpus in the District of Montana.

The petition alleged that Bentley was required to appear in the courtroom...

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