GAYTON v. ROBBINS


272 A.2d 776 (1971)

Donald W. GAYTON v. Allan L. ROBBINS et al.

Supreme Judicial Court of Maine.

January 21, 1971.


Attorney(s) appearing for the Case

Charles A. Lane, Portland, for plaintiff.

John W. Benoit, Jr., Deputy Atty. Gen., Augusta, for defendants.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY and WERNICK, JJ.


WEATHERBEE, Justice.

In 1967 the Petitioner pleaded guilty to an information charging him with breaking, entering and larceny in the nighttime and was sentenced to serve a term in the State Prison where he is now confined. He later petitioned for the writ of post-conviction habeas corpus and submitted his case on a written stipulation of facts. The stipulation reads:

1) That the structure which was allegedly broken into was a funeral home; and 2...

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