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RADFORD v. STEWART

Civ. No. 862.

320 F.Supp. 826 (1970)

John Michael RADFORD, Petitioner, v. Roy R. STEWART, Sheriff of Yellowstone County, Montana, or any other person having custody of John Michael Radford, Respondent.

United States District Court, D. Montana, Billings Division.

December 22, 1970.

Attorney(s) appearing for the Case

Charles F. Moses, Charles F. Secrest, Billings, Mont., for petitioner.

Robert L. Woodahl, Atty. Gen. of Mont., Robert P. Gannon, Asst. Atty. Gen., Helena, Mont., for respondent.

OPINION AND ORDER

BATTIN, District Judge.

Petitioner, a state prisoner, was convicted on the verdict of a jury of first degree murder and first degree assault. He is presently incarcerated in the Montana State Penitentiary. On March 9, 1970, he filed in this court a petition for a writ of habeas corpus pursuant to Title 28 U.S.C. Section 2254. Petitioner is represented by the same counsel who represented him at his trial. Respondent, through the Attorney...

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