Habeas Corpus of Saparito v. Helman

The opinion of the court was delivered by

Hopkins, J.:

Frank Saparito pleaded guilty to violation of the prohibitory liquor law and was incarcerated for such offense. He seeks his liberty in a proceeding in habeas corpus, contending that he has served the penalty prescribed and is entitled to release. While the record is not entirely clear, the facts appear substantially as follows:

A case was filed against the petitioner October 23. 1925, containing two counts, one for possession of intoxicating liquors, a second for maintaining a nuisance. A second case was filed against him before the same…