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HANCOCK v. NELSON

No. 6524.

363 F.2d 249 (1966)

Parker L. HANCOCK, Warden, Respondent, Appellant, v. Russell NELSON et al., Petitioners, Appellees.

United States Court of Appeals First Circuit.

Decided July 8, 1966.

Attorney(s) appearing for the Case

Alexander J. Kalinski, Asst. Atty. Gen., with whom William Maynard, Atty. Gen., was on brief, for appellant.

Julius Soble, Boston, Mass., with whom Richard W. Leonard, Nashua, N. H., was on brief, for Fred J. Martineau, appellee.

Leo Patrick McGowan, Providence, R. I., with whom John P. Bourcier, Providence, R. I., and Richard W. Leonard, Nashua, N. H., were on brief, for Russell Nelson, appellee.

Before ALDRICH, Chief Judge, J. WARREN MADDEN, Senior Judge of the United States Court of Claims, and JULIAN, District Judge.

OPINION

MADDEN, Judge:

The United States District Court for New Hampshire has granted the appellees' petition for a writ of habeas corpus. The warden who has the appellees in custody has brought this appeal. We conclude that the writ should not have been granted, and we reverse the judgment of the district court.

The appellees were tried and, on November 9, 1959, were convicted in the State court of New...

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