Summary of Opinion: Petition of Oliver Gobin, No. 3881 (Supreme Court of New Hampshire, Oct. 3, 1949)

Factual and Procedural Background

This petition is one in a series of habeas corpus petitions filed by Oliver Gobin in this Court and the Superior Court (see No. 3847, Gobin v. O'Brien). The present petition alleges that Gobin is detained on a warrant adding time to a sentence "without any authority of a grand jury" and that Cheshire County Superior Court authorities have no indictment for his commitment. The petition further alleges that the Presiding Justice of the Superior Court "wilfully refuse[d] to uphold the summon" served on the alleged grand jury. The record in the earlier matter (No. 3847) shows that Gobin was convicted by a jury and, on April 9, 1935, committed to the State Prison to serve a sentence of not less than seven nor more than ten years as an accessory to arson. He was released on parole December 28, 1939, recommitted November 18, 1942, to serve the remainder of his maximum sentence under R. L., c. 429, ss. 35, 36 (see Gobin v. Clarke, 94 N.H. 167), released again on parole July 17, 1947, and, following a complaint of parole violation, a parole arrest warrant was issued December 18, 1947. The present petition concerns his detention in the Hillsborough County jail at Manchester on that parole warrant.

Legal Issues Presented

1. Whether the petitioner may, by the present habeas corpus petition, deny the existence of the indictment under which he was tried and convicted in 1935.
2. Whether the statements alleged in the petition (that there is no indictment and that a presiding justice wilfully refused to uphold a summon to the grand jury) present facts sufficient to require issuance of the writ of habeas corpus.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Court's Reasoning and Analysis

The Court observed that the petitioner's assertions—that he believes there is no indictment for his commitment and that the presiding justice wilfully refused to uphold a summon to the grand jury—indicated an attempt to deny the existence of the indictment under which he was tried and convicted in 1935. The Court contrasted those assertions with the prior record (referenced in the opinion) which shows that there was an indictment and that the petitioner was convicted and committed in 1935.

The Court explained that, because the record demonstrates the existence of the indictment and because the petition did not allege any other facts that would require issuance of the writ of habeas corpus, the petition did not justify relief. On that basis the Court concluded the petition must be dismissed.

The opinion also notes that Justice Johnston, having been Attorney General at the time of the petitioner's trial and conviction, took no part in the decision.

Holding and Implications

Holding: Petition dismissed.

Implications: The direct effect of the decision is dismissal of Gobin's habeas corpus petition challenging his detention on the parole warrant and his attempt to deny the existence of the indictment underlying his 1935 conviction. The opinion contains no discussion of broader legal implications or the establishment of new precedent; it rests on the factual record showing the indictment's existence and the absence of additional facts warranting issuance of the writ.