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KERRIGAN v. SCAFATI

No. 6677.

364 F.2d 759 (1966)

John Joseph KERRIGAN, Petitioner, Appellant, v. Palmer C. SCAFATI, Superintendent, Massachusetts Correctional Institution, Walpole, Respondent, Appellee.

United States Court of Appeals First Circuit.

Decided July 20, 1966.

Attorney(s) appearing for the Case

William E. O'Halloran, Newtonville, for appellant.

Richard S. Kelley, Asst. Dist. Atty., with whom John J. Droney, Dist. Atty. and Ruth I. Abrams and Aaron K. Bikofsky, Asst. Dist. Attys., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Petitioner seeks a writ of habeas corpus to reverse his conviction for murder. After a lengthy history of prior litigation,1 he charges that fatal error was committed by receiving into evidence statements, exculpatory in intent but inculpatory in fact because of their falsity, which he made to the police without having been advised of his rights to counsel and to silence, in violation of the principles of Escobedo...

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