State Ex Rel. Wetzel v. Ellsworth

This court is in receipt of a petition for a writ of habeas corpus filed by Dennis M. Wetzel, an inmate of the Montana State Prison, wherein it is asserted that the petitioner is still confined at the prison under a four-year sentence which began on March 18, 1959. It further appears that when the sentence was imposed by the district court an order of suspension was entered and on or about November 20, 1960, such order of suspension was revoked and petitioner was thereafter confined in the State Prison; that by reason of the failure of the prison authorities to give credit for any portion of…