Jones v. State

Montana Supreme Court

Jones v. State

386 P.2d 74, 142 Mont. 619, 1963 Mont. LEXIS 130

CourtMontana Supreme Court

DecidedSeptember 17, 1963

Docket10650

StatusPublished

Cited by3 cases

This text of 386 P.2d 74 (Jones v. State) 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

Jones v. State, 386 P.2d 74, 142 Mont. 619, 1963 Mont. LEXIS 130 (Mo. 1963).

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Opinion

PER CURIAM.

Petition for writ of habeas corpus filed pro se by George Jones, an inmate of the Montana State Prison.

The application states that Jones entered a plea of guilty to an information charging him with second degree murder on March 22, 1957, and he was sentenced to a term of 25 years. He requests appointment of counsel.

*620 The grounds of his application are that an advantage was taken of him because he could neither read nor write; that his room was illegally searched without a warrant; that he has new evidence consisting of two people who can state his whereabouts at the time of the crime.

The record in the Clerk’s office discloses that petitioner ivas represented by two competent counsel prior to and at the time of his arraignment and plea. In view of this we must assume that they fully protected the rights of petitioner, particularly so Avhen a period of more than six years has passed since the plea was entered. As to newly discovered evidence our law, section 94-7603, R.C.M.1947, provides it may be the basis for a motion for a new trial, but' a “defendant must produce at the hearing, in support thereof, the affidavits of the witnesses by whom such. evidence is expected to be given, * * The written notice of motion must be filed Avithin 30 days after the discovery of the facts upon which the party relies in support of his motion as provided by section 94-7604, R.C.M.1947. Such motions must be made in the district court, and likewise applications for appointment of counsel rest in such court’s discretion.

The writ is denied and the proceeding dismissed.

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PER CURIAM.

Petition for writ of habeas corpus filed pro se by George Jones, an inmate of the Montana State Prison.

The application states that Jones entered a plea of guilty to an information charging him with second degree murder on March 22, 1957, and he was sentenced to a term of 25 years. He requests appointment of counsel.

*620 The grounds of his application are that an advantage was taken of him because he could neither read nor write; that his room was illegally searched without a warrant; that he has new evidence consisting of two people who can state his whereabouts at the time of the crime.

The record in the Clerk’s office discloses that petitioner ivas represented by two competent counsel prior to and at the time of his arraignment and plea. In view of this we must assume that they fully protected the rights of petitioner, particularly so Avhen a period of more than six years has passed since the plea was entered. As to newly discovered evidence our law, section 94-7603, R.C.M.1947, provides it may be the basis for a motion for a new trial, but' a “defendant must produce at the hearing, in support thereof, the affidavits of the witnesses by whom such. evidence is expected to be given, * * The written notice of motion must be filed Avithin 30 days after the discovery of the facts upon which the party relies in support of his motion as provided by section 94-7604, R.C.M.1947. Such motions must be made in the district court, and likewise applications for appointment of counsel rest in such court’s discretion.

The writ is denied and the proceeding dismissed.

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Bluebook (online)

386 P.2d 74, 142 Mont. 619, 1963 Mont. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-state-mont-1963.

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