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STATE EX REL. WOODBURY v. DIST. CT. OF 13TH J.D.

No. 12250.

495 P.2d 1119 (1972)

The STATE of Montana ex rel. Brian Edward WOODBURY, Relator, v. The DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of Montana, Respondent.

Supreme Court of Montana.

Decided April 13, 1972.

Attorney(s) appearing for the Case

John L. Adams, Jr. (argued), Billings, for relator.

Robert L. Woodahl, Atty. Gen., Helena, David V. Gliko, Asst. Atty. Gen. (argued), Helena, Harold F. Hanser, County Atty. (argued), Billings, for respondent.

CASTLES, Justice.

This is an original proceeding seeking a post-conviction hearing under the terms of section 95-2601, R.C.M. 1947, by a defendant who claims sentence was imposed in violation of the laws of this state and seeks correction of that sentence.

Defendant, relator here, on March 1, 1972, was convicted in the district court of the thirteenth judicial district, county of Yellowstone, of the crime of criminal sale of dangerous drugs. Such conviction...

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