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McGARTY v. O'BRIEN

No. 4458.

180 F.2d 987 (1950)

McGARTY v. O'BRIEN, Warden.

United States Court of Appeals First Circuit.

Writ of Certiorari Denied May 29, 1950.

Attorney(s) appearing for the Case

James Seligman, Fall River, Mass. (William C. Crossley, Fall River, Mass., and William H. Lewis, Jr., Boston, Mass., with him on the brief), for appellant.

Henry P. Fielding, Assistant Attorney General, Massachusetts (Francis E. Kelly, Attorney General, Massachusetts, Lawrence E. Ryan, Assistant Attorney General, Massachusetts, and Maurice M. Lyons, District Attorney, Southern District of Massachusetts, New Bedford, Mass., with him on brief), for appellee.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and SWEENEY, District Judge.

Writ of Certiorari Denied May 29, 1950. See 70 S.Ct. 1002.

MAGRUDER, Chief Judge.

Charles McGarty appeals from an order of the court below dismissing without prejudice his petition for a writ of habeas corpus.

On August 4, 1947, McGarty killed his eight-year-old niece under most revolting circumstances. Thereafter, the grand jury for the county of Bristol, Massachusetts, returned an indictment against him for

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