In re Harvey

MEMO OPINION

Edward Raymond Harvey, an inmate of the Montana State Prison, appearing pro se, petitions for a writ of habeas corpus.

Before proceeding with a discussion of the petition, we wish to refer to a petition previously presented in July of 1969 wherein Harvey sought a writ of mandate, reported at 153 Mont. 480, 463 P.2d 893. What we said there still is applicable to the present petition.

While now petitioner asserts that his poverty prevented his taking an appeal, he was represented by counsel of his own choosing on his trial in the district court, and he paid for such services. He…