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164 Mont. 541

In re Fitzpatrick

Montana Supreme Court

Decided April 22, 1974

Montana Supreme Court · decided 1974-04-22

Decided 1974-04-22

¶1ORDER

PER CURIAM:

¶2Petitioner, Bernard James Fitzpatrick, seeks a writ of habeas corpus and appears pro se.

¶3*542Petitioner was tried and convicted for the murder of a fellow inmate at the Montana State Prison. He appealed that conviction to this Court where his conviction was affirmed.

¶4Petitioner raises numerous questions about alleged irregularities at his trial. In the main, these alleged errors were raised on appeal and are without merit.

¶5However, petitioner does raise questions concerning alleged irregularities in the conduct of his trial which were not considered on the appeal. Since we have no record before us, we have no way to ascertain the validity of petitioner’s allegations.

¶6Therefore we refer the petition to the Montana Defender Project as counsel for petitioner in order that they may investigate the allegations and take such action as may be appropriate. To that end, petitioner’s motion to proceed in forma pauperis, is granted.

¶7It is so ordered.

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