State v. Garnetto

The defendant in this proceeding was duly sentenced by a justice of the superior court to imprisonment in the state prison. Thereafter he filed a motion in that court asking to be released from such imprisonment. The motion was denied by a justice thereof and the case is before us on defendant’s single exception to that ruling.

The record before us reveals the following undisputed facts. On September 8, 1942 the defendant, who was then being held for the action of the grand jury upon a complaint and warrant charging him with assault with a dangerous weapon, appeared before the superior court…