MAGRUDER, Chief Judge.
Since 1929 petitioner Joseph A. Farrell has been a prisoner in Massachusetts State Prison pursuant to a judgment of conviction upon two indictments charging assault with intent to commit rape. The case was tried to a judge of the Superior Court, Middle-sex County, a jury trial having been waived. Counsel engaged for Farrell by his family represented him at the trial. Farrell himself did not testify, nor did he offer any evidence in his own defense...
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