LEMAY v. STATE


244 A.2d 556 (1968)

Eddie LEMAY v. STATE of Maine et al.

Supreme Judicial Court of Maine.

August 1, 1968.


Attorney(s) appearing for the Case

Irving Friedman, Lewiston, for Eddie Lemay.

John W. Benoit, Asst. Atty. Gen., Augusta, for the State.

Before WILLIAMSON, C. J., and TAPLEY and MARDEN, JJ.


WILLIAMSON, Chief Justice.

This is an appeal by an indigent petitioner from the dismissal without prejudice of a post-conviction habeas corpus petition. 14 M.R.S.A. § 5502 et seq. The Justice below, finding the petition to be frivolous, dismissed the petition on its face without hearing and without the appointment of counsel. The petitioner is here represented by court appointed counsel.

The petitioner sought to attack the sufficiency of the indictment...

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