O'BRIEN v. LINDSEY

No. 4717.

204 F.2d 359 (1953)

O'BRIEN, Warden, v. LINDSEY.

United States Court of Appeals First Circuit.

Decided May 4, 1953.


Attorney(s) appearing for the Case

Arnold H. Salisbury, Asst. Atty. Gen. of Massachusetts (George Fingold, Atty. Gen. of Massachusetts, with him on the brief), for appellant.

Wilbur G. Hollingsworth, Boston, Mass., for appellee.

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


MAGRUDER, Chief Judge.

Frederick Lindsey is held in Massachusetts State Prison under sentences imposed by the Superior Court for Suffolk County, Massachusetts, after trial and conviction upon two indictments, one charging the crime of incest and the other carnal abuse of a female child.

Subsequent to his conviction he filed in the Supreme Judicial Court for Suffolk County a petition for a writ of error, charging that the judgments of conviction were void because...

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