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McGARTY v. O'BRIEN

Civ. No. 7477, Misc.

85 F.Supp. 415 (1949)

McGARTY v. O'BRIEN.

United States District Court D. Massachusetts.

July 26, 1949.

Attorney(s) appearing for the Case

James Seligman, Fall River, Mass., Wm. C. Crossley, Fall River, Mass., for plaintiff.

Henry P. Fielding, Assistant Attorney General, Maurice M. Lyons, District Atty., for defendant.

FORD, District Judge.

This application for a writ of habeas corpus was filed in this court on June 29, 1949. The petitioner states in substance that he is unlawfully restrained of his liberty at the Massachusetts State Prison by the Commonwealth of Massachusetts under a commitment pursuant to a conviction on February 20, 1948 of murder in the first degree and sentence of death. The petitioner charges that the warden of the state prison holds him in confinement without...

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