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FRENCH v. CRIST

No. 12673.

518 P.2d 35 (1974)

William E. FRENCH, Jr., Petitioner, v. Roger W. CRIST, as Warden of the Montana State Penitentiary, Respondent.

Supreme Court of Montana.

Decided January 22, 1974.

Attorney(s) appearing for the Case

Joseph P. Hennessey, argued, Billings, Kenneth R. Wilson, Miles City, argued, for petitioner.

Robert L. Woodahl, Atty. Gen., J.C. Weingartner, Asst. Atty. Gen., appeared, Helena, William J. Krutzfeldt, County Atty., Miles City, argued, for respondent.

PER CURIAM:

Petitioner sought admission to bail pending determination of his appeal by this Court. Petitioner requested that bail be set by the district court following his conviction of second degree murder, which was denied. He was thereafter sentenced to a term of 40 years in the State Prison.

The district judge observed that he felt it would be an abuse of the court's discretion to admit petitioner to bail.

Section 95-1109(b), R.C.M. 1947 provides...

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