State v. Neary

The defendant, George F. Neary, is presently serving a 5-year sentence imposed in 1976 after he was found to be a violator of a deferred sentence. He had received that sentence on July 3, 1972, after pleading nolo contendere in the Superior Court to an indictment charging that he had entered an apartment intending to commit larceny. Neary now contends that his indictment should be quashed because it fails to charge an offense. 1

Four years after the deferred sentence was imposed, Neary appeared in the Superior Court, admitted violating the terms of that sentence and, following receipt of a…