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IN RE CHARIZIO

No. 1849.

138 A.2d 430 (1958)

In re CHARIZIO.

Supreme Court of Vermont. Washington.

January 7, 1958.

Attorney(s) appearing for the Case

Austin B. Noble and William E. Mikell, Burlington, for plaintiff.

Frederick M. Reed, Atty. Gen., for defendant.

Before CLEARY, ADAMS and HOLDEN, JJ., and SHANGRAW and DIVOLL, Superior Judges.

CLEARY, Justice.

This is a writ of habeas corpus, directed to the Warden of the State Prison, by which the petitioner seeks to test the legality of his confinement in that institution. The following facts are not in dispute.

On August 28, 1931, the petitioner was convicted of second degree murder, was sentenced to life imprisonment in the State Prison and committed there. On December 20, 1949, the petitioner was granted a conditional pardon by Governor Ernest...

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