IN RE PERRY

No. 26-79.

400 A.2d 1013 (1979)

In re Carroll L. PERRY.

Supreme Court of Vermont.

April 3, 1979.


Attorney(s) appearing for the Case

James L. Morse, Defender General, William A. Nelson, Appellate Defender, and Steve Dunham, Montpelier, for petitioner.

M. Jerome Diamond, Atty. Gen., and Peter B. Brittin and Peter M. Nowlan, Asst. Attys. Gen., Montpelier, for respondent.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


LARROW, Justice.

Appellant brought his petition for writ of habeas corpus to the Franklin Superior Court, where it was denied. Because of the time elements involved, we expedited this appeal under V.R.A.P. 2. Petitioner is serving a term of 18-24 months, imposed by Vermont District Court, Unit No. 1, Rutland Circuit, on November 30, 1978. The facts are undisputed.

Detained September 2, 1977, petitioner escaped on September 11. He was returned to custody November...

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