State v. Schleining

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from a conviction of the crime of assault in the second degree after having plead “true” to the charge of a prior conviction. Trial was held in the eighteenth judicial district before the Honorable W. W. Lessley, after a motion for a change of place of trial had been granted by the district court of Powell County.

During the month of April 1962, the appellant was serving a sentence in the State Prison at Deer Lodge, Montana. He was housed in Rothe Hall located several miles outside the main prison. This is the…