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McKENZIE v. OSBORNE

No. 81-110.

640 P.2d 368 (1981)

Duncan Peder McKENZIE, Jr., Petitioner and Appellant, v. Glenn OSBORNE, Sheriff of Cascade County, Montana, James Blodgett, Acting Warden, Montana State Prison et al., Respondent.

Supreme Court of Montana.

Decided October 29, 1981.

Rehearing Denied November 25, 1981.

Dissenting Opinion January 26, 1982.

SHEEHY, Justice.

Appeal from an order of the District Court, Eighth Judicial District, Cascade County, denying the petition of Duncan Peder McKenzie, Jr. for relief under section 46-21-101 et seq., MCA (post-conviction relief) and section 46-22-101 et seq., MCA (habeas corpus).

Defendant Duncan Peder McKenzie, Jr. was convicted of the crimes of deliberate homicide and aggravated kidnapping by jury verdict in the District Court of Cascade County and thereafter...

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