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BUCHANAN v. O'BRIEN

No. 4467.

181 F.2d 601 (1950)

BUCHANAN v. O'BRIEN.

United States Court of Appeals First Circuit.

Rehearing Denied May 25, 1950.

Attorney(s) appearing for the Case

John F. Buchanan, pro se.

Lenahan O'Connell, Assistant Attorney General (Francis E. Kelly, Attorney General, and William F. Marcella, Boston, Mass., on the brief), for appellee.

Before MAGRUDER, Chief Judge, and MARIS (by special assignment) and WOODBURY, Circuit Judges.

MAGRUDER, Chief Judge.

On March 5, 1930, appellant John F. Buchanan was found guilty by a jury in the Superior Court for Middlesex County, Massachusetts, under an indictment charging armed robbery. Ch. 265, § 17, Mass.Gen. L.(Ter.Ed.). Since he was charged in the indictment and found by the jury to be an "habitual criminal" within the meaning of Ch. 279, § 25, he was by mandate of law sentenced to imprisonment in the state prison for life, the maximum penalty...

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