PAULSON, Judge.
Melvin F. Poitra was charged and convicted of the crime of grand larceny. He was sentenced and thereafter incarcerated in the State Penitentiary. He has now petitioned this court for a writ of habeas corpus.
Prior to Mr. Poitra's commitment to the penitentiary, he had petitioned the District Court of Rolette County for a writ of habeas corpus. Following the hearing, held before the Honorable Douglas B. Heen, Judge, the writ was quashed.
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