(DOWNLOAD) "State Ex Rel. Nelson v. Ellsworth" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Nelson v. Ellsworth
- Author : Supreme Court of Montana
- Release Date : January 17, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
An original petition was filed in this court praying for the issuance of a writ of mandate or other remedial writ to be directed to the Warden of the Montana State Prison and the State Board of Prison Commissioners. The petition alleged that on June 21, 1954, relator was convicted of the crime of burglary in the first degree and was sentenced to a term of ten years which he began serving on July 24, 1954, in the state prison; that on July 30, 1955, after serving one year and six days upon said sentence he was released from prison pending his appeal to this court; that upon such appeal the conviction was reversed on December 13, 1956, and a new trial ordered. That upon the new trial relator was again convicted of the crime of burglary in the first degree and was sentenced to a term in the state prison. He further alleged that under section 80-739, R.C.M. 1947, which section was effective until April 1, 1955, he had earned and was entitled to one year, four months and twenty-three days for time served, statutory good time, and earned good or work time while he was imprisoned under the first conviction; that he had earned additional work time under section 80-740, R.C.M. 1947, as amended, during his second incarceration; that he had requested and demanded that the respondents, Warden and Board, allow credit for the time served, good time and work time earned and acquired by him during his first imprisonment but that respondents refused to do so