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FARRELL v. LANAGAN

No. 4231.

166 F.2d 845 (1948)

FARRELL v. LANAGAN, Warden.

Circuit Court of Appeals, First Circuit.

March 11, 1948.

Attorney(s) appearing for the Case

Alfred A. Albert, of Boston, Mass., for appellant.

Clarence A. Barnes, Atty. Gen. of Mass., and William S. Kinney, Asst. Atty. Gen. of Mass., on the brief for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

MAHONEY, Circuit Judge.

This is an appeal from an order of the district court dismissing a petition for a writ of habeas corpus, discharging the writ, and remanding the petitioner to the custody of the warden of the Massachusetts State Prison at Charlestown, Massachusetts.

In 1929 the petitioner was indicted by a grand jury in Middlesex County, Massachusetts, on two charges of assault with intent to commit rape. The petitioner, who was represented by counsel...

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