FITZPATRICK v. CRIST

No. 12746.

528 P.2d 1322 (1974)

Bernard James FITZPATRICK, Petitioner, v. Roger W. CRIST, Warden Montana State Prison, Respondent.

Supreme Court of Montana.

Decided December 11, 1974.


Attorney(s) appearing for the Case

David J. Patterson argued, Missoula, for appellant.

Robert L. Woodahl, Atty. Gen., Thomas A. Budewitz argued, Asst. Atty. Gen., Helena, for respondent.


JAMES T. HARRISON, Chief Justice.

This is an original proceeding in this Court.

On April 15, 1972, petitioner Bernard Fitzpatrick and on April 17, 1972, one Gus Gardner were arrested for the murder of a fellow inmate at the Montana State Prison in Deer Lodge, Montana. During the trial on February 28, 1973, Gardner was granted a directed verdict of not guilty, but petitioner was convicted of second degree murder and sentenced to a term of twenty years, to be...

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