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BRINE v. STATE

232 A.2d 88 (1967)

Richard A. BRINE v. STATE of Maine and Allan L. Robbins, Warden.

Supreme Judicial Court of Maine.

July 28, 1967.

Attorney(s) appearing for the Case

Neil D. MacKerron, Bridgton, for appellant.

John W. Benoit, Asst. Atty. Gen., Augusta, for appellees.

Before WILLIAMSON, C. J., and WEBBER, MARDEN, DUFRESNE, and WEATHERBEE, JJ.

WILLIAMSON, Chief Justice.

This is an appeal from the dismissal of appellant's petition of April 1966 for Writ of Post Conviction Habeas Corpus on motion of the respondents. 14 M.R.S.A. Section 5502 et seq. The Justice below found as follows:

"I find that all matters raised in the instant petition for writ of habeas corpus should have been presented and included in his petition dated November 5, 1963. The fact that he did not do so constitutes a waiver under...

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