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NELSON v. HANCOCK

Civ. A. No. 2514.

239 F.Supp. 857 (1965)

Russell NELSON and Fred J. Martineau v. Parker L. HANCOCK, as he is the Warden of the State Prison, Concord, New Hampshire.

United States District Court D. New Hampshire.

March 1, 1965.

Attorney(s) appearing for the Case

Leo Patrick McGowan and John P. Bourcier, Providence, R. I., for petitioner Nelson.

Julius Soble, Boston, Mass., and Richard W. Leonard, Nashua, N. H., for petitioner Martineau.

Alexander J. Kalinski, Asst. Atty. Gen., for State of New Hampshire, Concord, N. H., for defendant.

CONNOR, District Judge.

This is a petition for habeas corpus under 28 U.S.C. § 2241(c) (3). Petitioners are under sentence of capital punishment stemming from their conviction in the New Hampshire court on two indictments: the first charged petitioner Martineau with the deliberate and premeditated homicide of one Maurice Gagnon and charged petitioner Nelson with aiding and abetting the homicide; the second indictment charged both petitioners jointly with murder...

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