CHAPUT v. SMITH

No. 100-70.

276 A.2d 633 (1971)

Edward J. CHAPUT v. Robert G. SMITH, Warden.

Supreme Court of Vermont, Windsor.

April 7, 1971.


Attorney(s) appearing for the Case

Willis E. Higgins, Williston, for plaintiff.

James M. Jeffords, Atty. Gen., Jon C. Stahl and Charles A. Bristow, Asst. Attys. Gen., for the State.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.


HOLDEN, Chief Justice.

The petitioner has correctly resorted to the traditional process of habeas corpus to test the legality of his confinement in the state prison at Windsor. In re Brainerd, 56 Vt. 495, 498. There is a novelty about the petition in that it seeks to enforce the order of the sentencing court, rather than to vacate the sentence.

The complaint alleges that the petitioner was convicted and sentenced by the district court at Bennington on February...

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