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MAGOON v. SMITH

No. 181-71.

298 A.2d 820 (1972)

Robert E. MAGOON v. Robert G. SMITH, Warden.

Supreme Court of Vermont, Windsor.

December 5, 1972.

Attorney(s) appearing for the Case

Frederick M. Niland, White River Junction, for plaintiff.

James M. Jeffords, Atty. Gen., and William T. Keefe, Asst. Atty. Gen., for defendant.

Before BARNEY, SMITH and KEYSER, JJ., and LARROW and UNDERWOOD, Superior Judges.

SMITH, Justice.

On May 13, 1953, Robert E. Magoon entered a plea of guilty to murder in the second degree in the Windham County Court. Judgment was entered and a mandatory sentence of life imprisonment was imposed. On March 25, 1971, the plaintiff filed a petition for writ of habeas corpus in the Windsor County Court. On November 11, 1971, this petition, after hearing, was denied and the plaintiff has appealed here.

It was conceded before this Court at the...

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