Legal Opinion

Smith v. O'BRIEN

Supreme Court of New Hampshire

Decided March 20, 1969No. 5775PublishedCited by 12 opinions

1Opinion of the CourtDuncan, J.

The plaintiff’s petition for habeas corpus alleges that he has been “deprived . . . from the benefit of a probable cause hearing, a record of the same and the right to show his innocence of the crime charged.” His brief asserts that he has a constitutional and statutory right to a probable cause hearing which was violated when a “secret indictment” was obtained before such a hearing was held.

The petition arises out of the following circumstances. The plaintiff was arrested on December 31, 1967, and charged with breaking, entering, and larceny, under RSA 583:3. He appeared before the Nashua…

2Cases cited10 opinions

  1. Hale v. HenkelSupreme Court of the United States · 1906
  2. Jaben v. United StatesSupreme Court of the United States · 1965
  3. United States v. Joseph AmabileCourt of Appeals for the Seventh Circuit · 1968
  4. United States Ex Rel. Kassin v. MulliganSupreme Court of the United States · 1935
  5. State v. StallingsSupreme Court of Connecticut · 1966

5 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. M. A. P. v. RyanDistrict of Columbia Court of Appeals · 1971
  2. State v. PullenSupreme Judicial Court of Maine · 1970
  3. Jenkins v. StateSupreme Court of Delaware · 1973
  4. Ojo v. LorenzoSupreme Court of New Hampshire · 2013
  5. Com. v. JacksonSupreme Court of Virginia · 2008

7 more not listed; retrieve them via the Exa API.

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