Court of Appeals for the Ninth Circuit January 19, 1973, 71-1518 (John Michael Radford v. Roy R. Stewart, Sheriff of Yellowstone County, Montana, or Any Other Person Having Custody of John Michael Radford)

CONTI, District Judge:

Petitioner was convicted of first degree murder in a District Court of the State of Montana. Prior to trial he sought relief from the provisions of Section 95-1803 (d) of the Revised Montana Code, 1947. That section provides:

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