OPINION
ROBERTS, Chief Justice.
This petition for a writ of habeas corpus was brought to secure the release of the petitioner from the allegedly unlawful custody of the respondent warden. The petitioner had been in the custody of the respondent since November 17, 1961, when he was committed thereto pursuant to the imposition of a sentence of 10 years by a justice of the superior court after he had been found guilty of manslaughter by a jury.
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