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O'TOOLE v. SCAFATI

No. 6982.

386 F.2d 168 (1967)

Edward P. O'TOOLE, Petitioner, Appellant, v. Palmer C. SCAFATI, Superintendent of the Massachusetts Correctional Institution at Walpole, Respondent, Appellee.

United States Court of Appeals First Circuit.

Decided December 1, 1967.

Certiorari Denied March 11, 1968.

Attorney(s) appearing for the Case

Chester C. Paris, Wakefield, Mass., with whom Joseph J. Balliro, Boston, Mass., was on brief, for appellant.

Brian E. Concannon, Sp. Asst. Atty. Gen., with whom Elliot L. Richardson, Atty. Gen., was on brief, for appellee.

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

Certiorari Denied March 11, 1968. See 88 S.Ct. 1109.

ALDRICH, Chief Judge.

Petitioner was convicted in the Massachusetts courts of fraudulent conversion, obtaining signatures under false pretences, larceny, and uttering forged instruments. Commonwealth v. O'Toole, 1967 Mass.Adv.Sh. 149, 223 N.E.2d 87. He brought habeas corpus proceedings in the district court, principally asserting that coercively obtained evidence had been...

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