In re Tooker

MEMO OPINION

Albert Jay Tooker, an inmate of the state prison, appearing pro. se, ■ filed herein a motion seeking an order to provide transcript of proceedings of his trial at state expense.

Similar application was made in September 1964 and denied because the time for appeal had expired and no notice of appeal had been given. Petition of Albert J. Tooker, 144 Mont. 158, 394 P.2d 1021.

In June 1965 movant sought a writ of habeas corpus and since none of the contentions made by him occurred in the presence of the court upon the trial, we directed the petition *474be sent to the district court so that…