Petition of Tooker

MEMO OPINION

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

Original proceeding. Petition for writ of habeas corpus filed by Albert Jay Tooker, an inmate of the Montana State Prison, appearing pro se.

In support of his petition three contentions are made. First, that his right to a fair trial under the 14th Amendment was violated by the use of two depositions. This contention was considered by this court in In re Petition of Tooker, 147 Mont. 207, 410 P.2d 923, and decided adversely to him.

Second, that he was denied equal protection and due process in that his…