In re Sias

Montana Supreme Court

In re Sias

374 P.2d 111, 140 Mont. 612, 1962 Mont. LEXIS 108

CourtMontana Supreme Court

DecidedFebruary 28, 1962

DocketNo. 10419

StatusPublished

This text of 374 P.2d 111 (In re Sias) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Sias, 374 P.2d 111, 140 Mont. 612, 1962 Mont. LEXIS 108 (Mo. 1962).

Pincite

Opinion

PER CURIAM.

Petition for writ of error coram nobis filed herein by Herbert E. Sias, an inmate of the Montana State Prison, appearing pro se.

Petitioner avers that he is of Indian blood, an enrolled member of the Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation, and a ward of the Federal Government. He further alleges that he was charged and convicted of the crime of accomplice to armed robbery in the District Court of Missoula County.

Petitioner makes the same contentions and cites the same authority as set forth by James H. Irvine in In re Petition of Irvine, 140 Mont. 611, 374 P.2d 111, this day decided by this Court and what is said therein has application here.

Investigation discloses that the crime with which petitioner was charged was committed in the community of Seeley Lake, many miles away from the Reservation.

Since the petition discloses no grounds for issuance of the [613]*613writ we dispense with our practice of referring it to the District Court and order it dismissed.

It is so ordered.

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