Kaye v. Keeper of the Jail

Harry Kaye, petitioner for writ of habeas corpus and the plaintiff in error, seeks his release from the county jail where he is now serving a six months’ sentence. The cases arise on report with an agreed statement of facts.

On a complaint and warrant charging Kaye with larceny of a horse of the value of four hundred dollars, “probable cause” was found in the Portland Municipal Court. After a plea of not guilty and examination, described in the agreed statement as “a full hearing upon said warrant before the court with both the state and the defendant producing testimony and evidence thereon,”…