Charest v. Howard

This petition for a writ of habeas corpus is predicated on the petitioner’s contention that his incarceration in the Adult Correctional Institutions is unlawful for the reason that the order of his commitment is violative of due process.

It appears from the averment of his sworn petition that on October 17, 1969, petitioner pleaded nolo to an indictment charging him with receiving stolen goods and was sentenced to a term of five years. The execution of said sentence was suspended, however, and petitioner was placed on probation for a period of five years.

It further appears that on December 21,…