Citations
- 141 F. Supp. 605
Full opinion text
CLIFFORD, District Judge,
This matter comes before this Court upon a petition for a writ of habeas corpus, filed by Harold J. Bouchard, who claims that he is illegally confined at the Maine state prison. The petition is in proper form and all other procedural requirements have been met.
This is the fourth petition for a writ of habeas corpus filed by him in this court in which he alleges that he was without benefit of counsel on a charge of attempted escape from prison in 1949. Two previous petitions, Civil No. 4-32 and 4-57, were denied on procedural grounds, and Civil No. 4-66 was denied as indicated in opinion for failure to contain allegations sufficient to entitle petitioner to relief.
It appears from the files of these four cases that Bouchard was originally committed to the Maine state prison in 1945 under a sentence of not less than two nor more than four years on a charge of larceny to which he had pleaded guilty. Although the matter is now moot, it may be noted that he was not represented by counsel at that time. In 1946, Bouchard escaped from prison, but was apprehended and arraigned at the November Term, 1946, on an indictment charging him with escape. On this charge he was represented by an attorney appointed by the court and upon his plea of guilty, he was sentenced to the Maine state prison for not less than one nor more than two years. Again in 1949, Bouchard attempted an escape from prison. He was indicted at the February Term, 1949, of the Superi- or Court for the County of Knox on that and three other charges, one of which was assault upon an officer. Apparently, all charges other than attempted escape were filed. Bouchard did not request for counsel at the time of his arraignment