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O'LEARY, PETITIONER

325 Mass. 179 (1950)

89 N.E.2d 769

JOHN O'LEARY, petitioner.

Supreme Judicial Court of Massachusetts, Suffolk.

January 4, 1950.

Attorney(s) appearing for the Case

I.H.Y. Muchnick & J.F. Sullivan, for the petitioner.

F.E. Kelly, Attorney General, & S.R. Newstadt, Assistant Attorney General, for the respondent.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & COUNIHAN, JJ.

WILKINS, J.

The father of David O'Leary, a minor, petitions that a writ of habeas corpus issue for the son's release from the custody of the superintendent of the department for defective delinquents at the State farm. The Superior Court judge, after finding the facts, reported the case without decision. G.L. (Ter. Ed.) c. 231, § 111. In so doing, he stated that he was in doubt as to whether "the rights of the boy have...

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