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MAKI v. SUPDT. OF MASS. CORRECTIONAL INST. BRIDGEWATER

349 Mass. 519 (1965)

209 N.E.2d 185

ALLAN MAKI vs. SUPERINTENDENT OF MASSACHUSETTS CORRECTIONAL INSTITUTION, BRIDGEWATER.

Supreme Judicial Court of Massachusetts, Suffolk.

July 2, 1965.

Attorney(s) appearing for the Case

Louis M. Nordlinger for the petitioner.

Richard W. Murphy, Special Assistant Attorney General, for the respondent.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.

WHITTEMORE, J.

This petition for a writ of habeas corpus was reserved and reported by a single justice on the petition, a finding, two statements of agreed facts and a stipulation.

1. The respondent recognizes that the dismissal of a like petition in the Superior Court does not bar consideration of this petition. See Fay, Warden v. Noia, 372 U.S. 391, 423; Sanders v. United States,

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