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MELANSON v. O'BRIEN

No. 4568.

191 F.2d 963 (1951)

MELANSON v. O'BRIEN, Warden.

United States Court of Appeals First Circuit.

October 26, 1951.

Attorney(s) appearing for the Case

Joseph J. Gottlieb, Boston, Mass., for appellant.

Samuel E. Levine, Asst. Dist. Atty., Western District, North Adams, Mass. (Francis E. Kelly, Atty. Gen., Henry P. Fielding, Asst. Atty. Gen., Stephen A. Moynahan, Dist. Atty., Western District, Springfield, Mass., and Walter J. Griffin, Asst. Dist. Atty., Western District, Holyoke, Mass., with him on the brief), for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Chief Judge.

Elmer A. Melanson is now confined in Massachusetts State Prison under concurrent sentences of 25 to 30 years for rape and for carnal abuse of a female child, pursuant to trial and conviction in the Superior Court for Berkshire County, Mass., upon an indictment charging these offenses in separate counts. He filed in the court below a petition for a writ of habeas corpus. The district judge, without issuing the writ or a show-cause order, filed...

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