TAURO, C.J.
This petition for a writ of habeas corpus brought in the Superior Court was reported to this court upon the pleadings and a case stated. The petitioner is an inmate of the defective delinquent department of the Massachusetts Correctional Institution, Bridgewater. The facts of the case, as set forth in the case stated, are substantially as follows:
In January, 1965, the petitioner was indicted in Hampden County for the crime of assault and battery...
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