Lemay v. State

WILLIAMSON, Chief Justice.

This is an appeal by an indigent petitioner from the dismissal without prejudice of a post-conviction habeas corpus petition. 14 M.R.S.A. § 5502 et seq. The Justice below, finding the petition to be frivolous, dismissed the petition on its face without hearing and without the appointment of counsel. The petitioner is here represented by court appointed counsel.

The petitioner sought to attack the sufficiency of the indictment upon which he was convicted of assault with intent to murder upon his plea of guilty. The indictment reads as follows:

AT THE SUPERIOR COURT,…