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YOTHER v. STATE

No. 14412.

597 P.2d 79 (1979)

Leslie Leroy YOTHER, Petitioner and Appellant, v. STATE of Montana, Respondent and Respondent.

Supreme Court of Montana.

Decided July 3, 1979.

Attorney(s) appearing for the Case

James W. Zion, argued, Helena, for appellant.

Mike Greely, Atty. Gen., Helena, Mike McGrath, argued, Asst. Atty. Gen., Helena, Patrick Flaherty, Boulder, Mark Murphy, Special Deputy County Atty., argued, Boulder, for respondent.

SHEEHY, Justice.

Petitioner Yother appeals from the order of the District Court, Fifth Judicial District, Jefferson County, dated March 27, 1978, denying a petition for post-conviction relief. This petition is based upon proceedings in justice court, a hearing in District Court on an application for writ of habeas corpus, and upon the arraignment and sentencing of petitioner in District Court for first degree assault.

In the early morning of March 9, 1973...

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