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DANA v. TRACY

No. 6659.

360 F.2d 545 (1966)

Noel DANA, Petitioner, Appellant, v. Raymond J. TRACY, Sheriff, Washington County, Respondent, Appellee.

United States Court of Appeals First Circuit.

Decided May 12, 1966.

Attorney(s) appearing for the Case

D. C. Gellers, Eastport, Me., for appellant.

Jerome S. Matus, Asst. Atty. Gen., with whom Richard J. Dubord, Atty. Gen., was on brief, for appellee.

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

COFFIN, Circuit Judge.

The petitioner, a Maine Passamaquoddy Indian, seeks a writ of habeas corpus to obtain his release from serving the last five hours of sentence resulting from state court convictions for driving under the influence of intoxicating liquor and operating a motor vehicle after suspension of his license. His only defense has been a plea to the jurisdiction, the alleged crimes having been committed on an Indian reservation, petitioner asserting that...

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