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LIBBY v. STATE

211 A.2d 586 (1965)

Joseph S. LIBBY, Jr. v. STATE of Maine et al.

Supreme Judicial Court of Maine.

July 7, 1965.

Attorney(s) appearing for the Case

Theodore H. Kurtz, Portland, for plaintiff.

Richard J. Dubord, Atty. Gen., and John W. Benoit, Asst. Atty. Gen., Augusta, for defendants.

Before WILLIAMSON, C. J., and SULLIVAN, MARDEN, and RUDMAN, JJ.

WILLIAMSON, Chief Justice.

This is a petition for writ of habeas corpus under the post-conviction habeas corpus Act. 14 M.R.S.A. §§ 5502-5508. The respondents' motion to dismiss the petition was granted on the ground that it did not set forth valid facts. The petitioner appeals. He contends that he is illegally imprisoned in the State Prison under a sentence of not less than 3½ years and not more than 10 years on conviction of robbery in January 1959...

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