Chaput v. Smith

The petitioner has correctly resorted to the traditional process of habeas corpus to test the legality of his confinement in the state prison at Windsor. In re Brainerd, 56 Vt. 495, 498 (1884). There is a novelty about the petition in that it seeks to enforce the order of the sentencing court, rather than to vacate, the sentence.

The complaint alleges that the petitioner was convicted and sentenced by the district court at Bennington on February 24, 1970 tó serve not less than one nor more than three years at the state correctional facility at St. Albans on his conviction for burglary. The…