Ex parte Soborsky

Citation199 A. 757
Case DateJune 09, 1938
CourtUnited States State Supreme Court of Vermont
199 A. 757

Ex parte SOBORSKY.

Supreme Court of Vermont. Washington.

June 9, 1938.


199 A. 757

Original petition by Raymond Soborsky for writ of habeas corpus to be released from the Vermont State Hospital for the Insane.

Petition dismissed and petitioner remanded to his former custody.

Argued before MOULTON, SHERBURNE, BUTTLES, and STURTEVANT, JJ., and JEFFORDS, Superior Judge.

John Molla, of Barre, for petitioner. Lawrence C. Jones, Atty. Gen., for respondent.

STURTEVANT, Justice.

This is an original petition for a writ of habeas corpus. The petition is brought by John Molla, Esq., a practicing attorney of this Court, in behalf of one Raymond Soborsky. Hereinafter the term "petitioner" refers to Soborsky. The petitioner alleges that he is without law or right confined at the Vermont State hospital for the insane at Waterbury, Vermont, by Dr. J. C. O'Neil, superintendent of said state hospital. The following undisputed facts appear from petitionee's return:

At the June term of Windsor county court in 1926, said Soborsky was convicted of two crimes, viz., burglary and assault with intent to kill. On the 14th of July, 1926, said court imposed sentence upon Soborsky in each of these cases. In the burglary case he was sentenced to be confined at the State prison at Windsor for the term of not less than six years or more than eight years, and in the assault case he was sentenced to be confined in said prison for a term of not less than eight years or more than ten years. These sentences were not to run concurrently. He was committed to said prison and began serving these sentences on July 14th, 1926. Soborsky remained at said prison serving said sentences until July 19, 1937, when by authority of an order of the governor, issued in accordance with the provisions of P.L. sec. 8794, and not otherwise, he was transferred from said prison and committed to said Vermont State hospital for the insane at Waterbury, into the custody of Dr. J. C. O'Neil, superintendent of said hospital. He has been confined in the so called criminal ward at said hospital. The term for which he is committed to said hospital as shown by said order is "* * * during the remainder of his said terms of imprisonment, to-wit; such time as added to the time already served by the said Raymond Soborsky will equal the terms of his original sentences."

199 A. 758

The petitioner contends that he is unlawfully confined at said hospital for the following reasons, viz.:

1. That his confinement at said hospital is not temporary, but permanent.

2. Because the law, by authority of which said order of transfer issued, at tempts to give to the governor judicial powers and that he, as governor, cannot lawfully exercise such powers.

3. Because his transfer to said...

To continue reading

Request your trial
1 practice notes
  • Thomas v. Purcell, No. 50034
    • United States
    • United States State Supreme Court of Iowa
    • September 20, 1960
    ...to other institutions as their interest and the interest of the other inmates of the prison may require. Ex parte Soborsky, 109 Vt. 476, 199 A. 757; Sedlacek v. Hann, 156 Neb. 340, 56 N.W.2d 138. It appears to be similar to our Code, § 246.16, Code 1954, I.C.A., and does not constitute an a......
1 cases
  • Thomas v. Purcell, No. 50034
    • United States
    • United States State Supreme Court of Iowa
    • September 20, 1960
    ...to other institutions as their interest and the interest of the other inmates of the prison may require. Ex parte Soborsky, 109 Vt. 476, 199 A. 757; Sedlacek v. Hann, 156 Neb. 340, 56 N.W.2d 138. It appears to be similar to our Code, § 246.16, Code 1954, I.C.A., and does not constitute an a......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT