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SCHENK v. ELLSWORTH

No. 1664.

293 F.Supp. 26 (1968)

Franklin Norman SCHENK, Petitioner, v. Ed ELLSWORTH, Jr., Respondent.

United States District Court D. Montana, Butte Division.

November 6, 1968.

Attorney(s) appearing for the Case

David O. DeGrandpre, Helena, Mont., for Franklin Norman Schenk.

Forrest H. Anderson, Atty. Gen., of the State of Montana, and Wm. A. McCormick, Asst. Atty. Gen., Helena, Mont., for Ed Ellsworth, Jr.

MEMORANDUM AND ORDER

MURRAY, Senior District Judge.

Petitioner Schenk seeks a writ of habeas corpus and release from imprisonment in the Montana State Penitentiary wherein he was confined following conviction by jury verdict of second degree murder in the District Court of the Ninth Judicial District of the State of Montana, in and for the County of Toole, on March 7, 1967. He was sentenced by the court on March 17, 1967, to serve a prison term of twenty...

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