Orabona v. Linscott

These two petitions, No. 479 for a writ of habeas corpus, and No. 480 for a writ of certiorari, present the same question and are based on the same agreed statement of facts.

Petitioner seeks release from an alleged illegal sentence. June 12, 1923, he was sentenced to the State Prison for assault with a dangerous weapon. The same day he pleaded nolo contendere to indictment No. 11679 for assault with intent to murder. The attorney general and petitioner signed an agreement, as follows: “It is hereby agreed that sentence may be deferred on the above entitled indictment upon payment of all…