SHORETTE v. STATE


402 A.2d 450 (1979)

Howard SHORETTE and Michael York v. STATE of Maine and Richard M. Oliver, Warden, Maine State Prison.

Supreme Judicial Court of Maine.

June 7, 1979.


Attorney(s) appearing for the Case

Solman, Page & Hunter by Robert H. Page, Caribou (orally), for plaintiffs.

Michael D. Seitzinger (orally), Charles K. Leadbetter, Asst. Attys. Gen., Augusta, for defendants.

Before McKUSICK, C. J., POMEROY, DELAHANTY, GODFREY and NICHOLS, JJ., and DUFRESNE, A. R. J.


DUFRESNE, Active Retired Justice.1

The State appeals, pursuant to 14 M.R. S.A. § 5508 and Rule 35(b)(6), M.R.Crim.P., from the judgment entered in the respective post-conviction habeas corpus proceedings brought by the petitioners-appellees, Howard Shorette and Michael York, in the Superior Court (Aroostook County) following an adjudication on November 10, 1978 by a single Justice of the Supreme Judicial Court as follows:

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