THORESEN v. STATE


239 A.2d 654 (1968)

William E. THORESEN, III v. STATE of Maine.

Supreme Judicial Court of Maine.

March 18, 1968.


Attorney(s) appearing for the Case

Gene Carter, Bangor, Eliot B. Feldman, Los Angeles, Cal., John P. Frank, John J. Flynn, Phoenix, Ariz., for petitioner.

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

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


WEBBER, Justice.

This was a petition for post conviction relief. A motion to dismiss filed by the respondent was granted below. Dismissal was predicated upon the fact that the petitioner is not now under any actual or technical restraint in Maine. On appeal we look to the allegations of the petition to ascertain whether or not it recites valid facts which, if proven, would entitle the petitioner to relief.

The petition asserts that in 1959 the petitioner was...

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