State v. Zumwalt

MR. JUSTICE BOTTOMLY:

I dissent.

The relator, James R. Zumwalt, filed in this court his petition for an appropriate writ to inquire into the lawfulness of his incarceration in the state prison. The writ was granted and a hearing had before this court.

The facts are simple.

The relator served overseas in the United States Marine Corps 23 months. There he contracted elephantiasis and was returned to the United States for treatment for the disease.

On June 24, 1952, relator arrived by bus in Missoula, Montana, from Spokane, Washington. He was in an intoxicated condition *539when he boarded the bns in…