Opinion
No. 5671.
Submitted June 29, 1967.
Decided July 18, 1967.
1. The concurrent original jurisdiction of the Supreme Court in writs of habeas corpus is exercised only sparingly and in exceptional cases.
Petition for rebel in the nature of a writ of habeas corpus filed in the Supreme Court to obtain the release of the petitioner who is confined in the State Prison. The petitioner alleges that he was denied effective assistance of counsel and complains that he was illegally convicted in 1944 and 1961 of "morals charges."
It is not clear from the petition whether or not the complaints with reference to the 1944 conviction relate to the same matter considered in LaBelle v. Hancock, 99 N.H. 254. If they do, the petition raises no new issues of fact and should be summarily disposed of. Petition of Moebus, 74 N.H. 213; Gobin v. Hancock, 96 N.H. 450; LaBelle v. Hancock, supra.
The allegations with reference to the 1961 conviction involve questions of fact which properly should be heard by the Superior Court. The concurrent original jurisdiction of the Supreme Court in writs of habeas corpus is "exercised only sparingly and in exceptional cases." Nelson v. Morse, 91 N.H. 177, 178; LaBelle v. Hancock, supra. This is not such a case.
The petition is dismissed without prejudice to any proceeding which petitioner may initiate in the Superior Court.
Petition dismissed.