Schenk v. State

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

Petitioner Schenk appears before this Court requesting a writ of habeas corpus alleging he is illegally imprisoned in the state pententiary. Counsel for petitioner, John F. Bayuk, argued the matter before the Court.

Petitioner was charged with first degree murder, with a prior felony, and convicted of second degree murder by a jury in the ninth judicial district, Toole county. He was sentenced to 27 years in the state penitentiary. He appealed this conviction and this Court in an unanimous opinion, authored by Mr. Chief Justice…