State v. Carmello

This indictment charges that the defendant did break and enter in the nighttime a certain building, to wit, a particular shop with intent to commit larceny. The defendant pleaded nolo contendere and the superior court deferred sentence. Subsequently the defendant was brought before that court for sentence based on his violation of a deferred sentence agreement. After a hearing a justice of the superior court denied his motion to be discharged from custody on the alleged ground that the court no longer had jurisdiction, and the case is here on the defendant’s bill of exceptions to that and…