Wood v. State

ORDER ON MOTION FOR REHEARING

WEBBER, Justice.

On March 5, 1965 we certified our decision in this case, our opinion given by Sullivan, J., now retired being reported in 161 Me. 87, 207 A.2d 398, cert. den. 380 U.S. 986, 85 S.Ct. 1357, 14 L.Ed.2d 278 ; 381 U.S. 929, 85 S.Ct. 1570, 14 L.Ed. 2d 688. We recognized that the petitioner had by force of circumstances been effectively denied his right of appeal at the time of trial. In effect we adopted a rule that where one has been improperly deprived of his right of appeal, which he has not waived or abandoned, he may upon a subsequent petition for…