Allen v. MacDougall

Lionel K. Legge, Acting Associate Justice.

Appeal from a circuit court order discharging a writ of habeas corpus.

Appellant was arrested on June 19, 1964. He was indicted on June 22 and tried on June 25 and 26, 1964, for housebreaking, larceny and safecracking. The indictment was originally drawn against one Kenneth Flenniken alone ; before it was handed to the grand jury the name of the appellant, Alvin T. Allen, was, by the solicitor, in his handwriting, added after the name of Flenniken throughout, and in each count of, the indictment. On June 25, Flenniken pleaded guilty to all of the…