Opinion
PER CURIAM.
Joseph Williams, an inmate of the Montana State Prison, appearing pro se, has filed a petition for a writ of habeas corpus. From his petition it appears he entered a plea of guilty to the crime of Grand Larceny in the district court of Lewis and Clark County on August 22, 1963, and that an order was made by said court suspending the imposition of sentence and releasing defendant on probation as therein provided; that among the provisions contained was: 'That the defendant will be jail-based in the county jail of Lewis and Clark County, Montana, and may have employment outside of the county jail; that said sheriff may permit the defendant to be gainfully employed and that the said sheriff is absolved of any liability in permitting the defendant to be absent from the custody of said sheriff without bail.' Further that his earnings should be collected by the sheriff and used to pay his board, personal expenses, and balance to be retained until discharge; that if he violated the probation he could be apprehended and brought before the court for further proceedings. The period of reserving imposition of sentence and of probation was fixed at one year and upon completion of such year of successful probation he might apply to the court for such other order as appeared just and equitable.
Petitioner alleges that he was in fact confined to the county jail for more than thirty days before being released to an employer; thereafter a petition was filed to revoke the probation and impose sentence; that on or about October 11, 1963, the court revoked its order of August 22, 1963, revoked the probation and refused to further withhold imposition of sentence and sentenced petitioner to a term of five years in the State Prison.
Petitioner contends that the order of August 22, 1963, subjected him to punishment by imprisonment in the county jail, and was a legal and valid judgment, and did not constitute probation; and that the order of October 11, 1963, placed him twice in jeopardy for the same offense and that the court was without jurisdiction to enter said order.
Since the legal questions raised by petitioner are of first impression in this jurisdiction we should have the benefit of legal research, briefs and oral argument thereon, and petitioner should be represented by counsel for the purpose.
It is ordered that Urban Roth, Esq., Attorney at Law, of Butte, Montana, be and he is hereby appointed as such counsel, and he is directed to forthwith investigate the fact situation and brief the law applicable thereto, and for that purpose will be allowed such time as he may require, not to exceed forty-five (45) days without a further order of this court, and then to file with this court six (6) copies of a statement of facts and brief on the law in typewritten form, and to serve copies thereof upon the County Attorney of Lewis and Clark County, and the Attorney General of the State of Montana and such County Attorney and Attorney General are hereby granted a period of thirty days (30) from the date of such service to file six (6) copies of answering briefs, typewritten in form, and upon receipt by this court of such answering briefs a date will be set for oral argument.
It is further ordered that copies of the original petition and of this order shall be forwarded to such appointed counsel, County Attorney and the Attorney General of the State of Montana.
Until the further order of this court, such petition is held in abeyance.