192 A. 156 | Conn. | 1937
The plaintiff has appealed from a judgment dismissing a writ of habeas corpus issued on his application to secure his release from arrest for extradition to Massachusetts. In his application he alleges that he is a resident of Connecticut and this is not questioned in the record. He was arrested in Massachusetts for the crime of theft committed there, arraigned in the District Court for Hampshire County, pleaded guilty and sentenced to imprisonment for six months. He appealed to the Superior Court for *40 Hampshire County and that court, not imposing sentence upon him, placed him upon probation for a term of two years under certain terms and conditions. He gave a recognizance, with the probation officer as surety, that he would personally appear at each subsequent term of the court until final disposition of his case and in the meantime obey the rules and regulations of the probation officer and be of good behavior. One of the conditions of his probation was that he should make restitution of the sums stolen, which he did. He was thereupon permitted by the probation officer to return to Connecticut. While he was in this State he violated certain conditions of his probation, but refused the probation officer's request that he return to Massachusetts to be surrendered to the court for sentence. Thereupon proceedings were taken to extradite him, he was arrested, and it was release from detention under that arrest which he sought in these proceedings. After the execution of the extradition warrant the Superior Court for Hampshire County issued a bench warrant for his arrest.
By the law of Massachusetts the appeal taken to the Superior Court vacated the judgment of the District Court and the plaintiff stood before the former for sentence upon his plea of guilty in the lower court, in the absence of any application to change that plea. Commonwealth v. Crapo,
He stands charged with a crime in the State of Massachusetts within the extradition law because he is still subject to the imposition of a penalty there for the offense he committed within that jurisdiction. Drinkall v. Spiegel,
No copy of the bench warrant for the arrest of the plaintiff issued after the extradition was sought appears in the record and we must assume that it was issued in order to bring the plaintiff before the court for sentence upon the original charge against him, under the authority of the statute we have previously referred to. The plaintiff claims that there was a violation of the statute of Massachusetts which requires that before the disposition of a prosecution for an offense punishable by imprisonment for more than one year by placing the accused on probation, the court shall obtain from its probation officer all available information relative to prior criminal prosecutions of the accused. 9 Anno. Laws of Mass., Chap 279, 4A (G. L. Mass. [Ter. Ed.] Chap 279, 4A). The finding, even if corrected as the plaintiff claims it should be, would still fail to show a violation of this statute; if it did we much doubt whether that violation would avail to invalidate the proceedings against him; Commonwealth v. McGovern, supra; Finer v. Commonwealth,
There is no error.
In this opinion the other judges concurred.