State v. Henricks

Petitioner Garry Henricks appeals an order of the District Court of the Second Judicial District of the State of Montana, County of Silver Bow, dismissing plaintiff’s petition for post-conviction relief. We affirm.

During the late evening hours of September 12, 1981, Richard Graham as struck and killed while crossing a street in Butte, Montana. Graham was struck by the Henricks automobile in a hit-and-run accident. Both Garry and his wife Lorraine were in the automobile at the time of the accident, and both had been drinking heavily throughout the afternoon and evening.

Following the…