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KAYE v. KEEPER OF THE JAIL

72 A.2d 811 (1950)

KAYE v. KEEPER OF THE JAIL. KAYE v. STATE.

Supreme Judicial Court of Maine.

April 6, 1950.

Attorney(s) appearing for the Case

Milton A. Nixon, Portland, for petitioner and plaintiff, Harry Kaye.

Daniel C. McDonald, County Attorney for Cumberland County and State of Maine, Portland, Arthur Chapman, Jr., Assistant County Attorney for Cumberland County and State of Maine, Portland, for Keeper of the Jail, Philip M. Dearborn, and for the State of Maine.

Before MURCHIE, C. J., THAXTER, FELLOWS, MERRILL, NULTY and WILLIAMSON, JJ.

WILLIAMSON, Justice.

Harry Kaye, the petitioner for writ of habeas corpus and the plaintiff in error, seeks his release from the County Jail where he is now serving a six month's sentence. The cases arise on report with an agreed statement of facts.

On a complaint and warrant charging Kaye with larceny of a horse of the value of $400, "probable cause" was found in the Portland Municipal Court. After a plea of not guilty and examination, described in the agreed...

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