O'Malia v. Wentworth
Supreme Judicial Court of Maine
On exceptions from the superior court. On petition for habeas corpus by the plaintiff, a minor under sentence of confinement in the reform school against the superintendent thereof. The justice of the superior court ruled pro forma, denying the right of the petitioner to discharge, and the petitioner excepted.
1Opinion of the CourtWalton, J.
This is an application for a writ of habeas corpus to obtain the release of Patrick O’Malia, now detained at the reform school in Cape Elizabeth, for truancy.
1. It is claimed that his detention is illegal because the warrant on which he was originally arrested and brought before the municipal court for trial, was served by a truant officer. We think the truant officer was the proper person to make the arrest. Truant officers alone are to make complaints and execute the judgments of the court. E. S., c. 11, § 14. We think the word “judgments,” as here used, is not limited to the sentence, or…
2Cited by4 opinions
- Dwyer v. StateSupreme Judicial Court of Maine · 1956
- State v. DuranleauSupreme Court of New Hampshire · 1954
- Kaye v. Keeper of the JailSupreme Judicial Court of Maine · 1950
- Parker v. StateCourt of Appeals of Texas · 1879