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WURTZ v. RISLEY

No. 82-3352.

719 F.2d 1438 (1983)

Larry WURTZ, Petitioner and Appellant, v. Henry RISLEY, Respondent and Appellee, The Attorney General of the State of Montana, Michael T. Greeley, Additional Respondent and Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 8, 1983.

Attorney(s) appearing for the Case

James C. Bartlett, Kalispell, Mont., for petitioner and appellant.

Chris D. Tweeten, Asst. Atty. Gen., Helena, Mont., for respondents and appellees.

Before GOODWIN, PREGERSON and CANBY, Circuit Judges.

CANBY, Circuit Judge:

Wurtz was convicted in Montana state court of the offense of "intimidation." He sought habeas corpus relief in federal district court, alleging that the Montana intimidation statute is unconstitutionally overbroad. The district court denied his petition. We reverse.

FACTS

A woman was walking home from work in Kalispell, Montana. As she crossed an alley entrance, a car stopped in the alley behind her. Through an open window,...

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