Gallagher v. Crist

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the opinion of the Court.

This is a petition for a writ of habeas corpus.

• In this petition among other contentions, much is made of the fact that defense counsel appointed by the district court had previously prosecuted petitioner while a county attorney. This same matter was raised on Gallagher’s appeal from his conviction, upon which appeal he was represented by his present counsel. Gallagher’s conviction was affirmed. See State v. Gallagher, 162 Mont. 155, 509 P.2d 852 (1973).

That same fall Gallagher filed a petition for a writ of habeas corpus…