IN RE NEWTON

No. 1950.

218 A.2d 394 (1966)

In re Philip R. NEWTON.

Supreme Court of Vermont. Washington.

February 25, 1966.


Attorney(s) appearing for the Case

Hanford Davis, Brandon, for petitioner.

Louis P. Peck, Deputy Atty. Gen., for the State.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.


KEYSER, Justice.

This is a petition for habeas corpus in which the petitioner claims he is unlawfully confined in the House of Correction because the court denied him permission before imposing sentence to withdraw his plea of guilty and enter a plea of not guilty.

The deputy attorney general filed an answer to the petition on behalf of the warden. However, he conceded in open court on the return day that the material facts are substantially as represented...

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