Sherwin v. Hogan

The plaintiff sought release from confinement by habeas corpus brought in superior court. Denied relief there, he brings his appeal here. He has been represented by counsel during all of these habeas corpus proceedings.

He is presently imprisoned under a sentence carrying a maximum term of one year after a conviction of simple assault. One year is the maximum permissible incarceration for that charge under the statute. 13 V.S.A. § 1023(b). When originally convicted on September 21, 1976, the sentence was suspended and he was placed on probation “until further order of court.” On June 21, 1978,…