Cote v. Cummings

A writ of habeas corpus was issued upon the petition of James Cote. At the hearing upon the writ the sitting justice for the purpose of bringing the case before the Law Court ruled that the petitioner was legally imprisoned. The case is here upon exceptions to that ruling.

The petitioner was imprisoned in the Kennebec County Jail on a mittimus issued by the judge of the Waterville Municipal Court. The mittimus, petition for the writ, writ, return and docket entries of the court below constitute the record before us.

The mittimus sets forth that the petitioner was arrested and brought before the…