SPURLOCK v. RISLEY

No. CV 80-101-M.

520 F.Supp. 135 (1981)

James C. SPURLOCK, Petitioner pro se, v. Henry RISLEY, Warden, Montana State Prison, and Michael T. Greely, Attorney General of the State of Montana, Respondents.

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

August 11, 1981.


Attorney(s) appearing for the Case

James C. Spurlock, petitioner pro se.

Mary B. Troland, Asst. Atty. Gen., Helena, Mont., for respondents.


OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

The petition for a writ of habeas corpus is denied.

The Sandstrom Instruction

Petitioner and codefendant were convicted in May 1972 by a jury on five counts of armed robbery. The evidence established without contradiction that four service stations were robbed by two men within a thirty- to forty-minute period. The police staked out the last station robbed and caught defendants...

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