State Ex Rel. Sherry v. Henry
This text of 209 P.2d 1016 (State Ex Rel. Sherry v. Henry) 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.
Opinion
Relator’s application for a writ of habeas corpus is hereby denied upon the ground that the petition shows on its face that relator’s restraint is legal and lawful since he is serving a 30 year sentence imposed in 1939, he having been found guilty of .burglary in the first degree and having admitted the charge of prior conviction. See section 12023, Revised Codes, and State ex rel. Williams v. Henry, 119 Mont. 271, 174 Pac. (2d) 220.
The contention that the prior conviction was not properly pleaded, if meritorious, was waived by admitting the prior conviction without challenging the sufficiency of the pleading.
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Cite This Page — Counsel Stack
209 P.2d 1016, 120 Mont. 608, 1947 Mont. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-sherry-v-henry-mont-1947.