MARSINO v. HIGGINS

No. 2655.

10 F.2d 534 (1924)

MARSINO v. HIGGINS.

District Court, D. Massachusetts.

May 16, 1924.


Attorney(s) appearing for the Case

Asa P. French, Daniel A. Shea, and Leo A. Rogers, all of Boston, Mass., and William H. Fay, of Peabody, Mass., for petitioner.

Robert O. Harris, U. S. Atty., and J. V. Sullivan, Asst. U. S. Atty., both of Boston, Mass., and Charles B. Rugg, Asst. Dist. Atty., of Worcester, Mass., for respondent.


MORTON, District Judge.

This is a habeas corpus proceeding, which was heard upon the petition for the writ and the answers thereto. The essential facts are simple and are not in dispute, although the relevancy of some of them is not agreed to by the respondent.

Marsino was convicted, and on November 14, 1923, was sentenced, in this court to imprisonment in the federal penitentiary at Atlanta, Ga., for the term of four years and nine months. A mittimus was...

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