SMITH v. O'BRIEN

No. 5775.

109 N.H. 317 (1969)

PAUL SMITH v. THOMAS F. O'BRIEN, Sheriff.

Supreme Court of New Hampshire.

Decided March 20, 1969.


Attorney(s) appearing for the Case

Richard W. Leonard, for the plaintiff.

George S. Pappagianis, Attorney General and David H. Souter, Assistant Attorney General, for the defendant.


DUNCAN, J.

The plaintiff's petition for habeas corpus alleges that he has been "deprived . . . from the benefit of a probable cause hearing, a record of the same and the right to show his innocence of the crime charged." His brief asserts that he has a constitutional and statutory right to a probable cause hearing which was violated when a "secret indictment" was obtained before such a hearing was held.

The petition arises out of the following circumstances...

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