In Re Morris

The petitioner, advised by counsel, entered a plea of guilty to charges of grand larceny and burglary. He was sentenced to the state’s prison at Windsor, where he now is. He has applied for post conviction relief on the grounds that he was prosecuted on an information issued by the state’s attorney on his oath of office alone. This, he says, violates both Chapter I, Article II, of the Vermont Constitution, and the Fourth Amendment of the United States Constitution. It is his position that compliance requires that there be an accompanying affidavit, or a showing before a magistrate,…