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BERARD v. MOEYKENS

No. 157-73.

326 A.2d 166 (1974)

Frank J. BERARD, Jr. v. Julius MOEYKENS, Warden.

Supreme Court of Vermont, Windsor.

October 1, 1974.

Attorney(s) appearing for the Case

Robert Edward West, Defender Gen., Rutland, and Gregory A. McKenzie, Deputy Defender Gen., Montpelier, for plaintiff.

Kimberly B. Cheney, Atty. Gen., and Greg E. Studen, Asst. Atty. Gen., for defendant.

Before BARNEY, C. J., and SMITH, KEYSER, DALEY and LARROW, JJ.

LARROW, Justice.

Tried under an indictment returned by the Windsor County grand jury, petitioner here was convicted of first degree murder and, on February 12, 1973, sentenced to life imprisonment. This conviction, under mandatory appeal, was affirmed by this court on February 5, 1974. State v. Berard, 132 Vt. 138, 315 A.2d 501 (1974). On March 15, 1973, while his appeal was pending, he filed with the Windsor County Court this petition...

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