ARSENAULT v. GAVIN

No. 5308.

248 F.2d 777 (1957)

Henry P. ARSENAULT, Jr., Petitioner, Appellant, v. John A. GAVIN, Warden or Principal Officer, Massachusetts Correctional Institution, Respondent, Appellee.

United States Court of Appeals First Circuit.

October 30, 1957.


Attorney(s) appearing for the Case

John F. Kelley, Cambridge, for appellant.

Arnold H. Salisbury, Asst. Atty. Gen., for appellee.

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


PER CURIAM.

From the standpoint of federal habeas corpus, this has been from the start a desperate and hopeless case. The only purpose that could be served would be a short delay in the execution of a criminal sentence imposed by state law — a delay while the petition for habeas corpus was pending for hearing and disposition in the federal courts. This purpose has been to some extent accomplished. The district court, upon receipt of the petition, issued a notice...

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