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MACEY v. SCAFATI

No. 7083.

395 F.2d 768 (1968)

Peter W. MACEY, Petitioner, Appellant, v. Palmer C. SCAFATI, Superintendent, Respondent, Appellee.

United States Court of Appeals First Circuit.

May 29, 1968.

Attorney(s) appearing for the Case

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

Willie J. Davis, Asst. Atty. Gen., with whom Elliot L. Richardson, Atty. Gen., Howard M. Miller, Asst. Atty. Gen., and Richard L. Levine, Deputy Asst. Atty. Gen., were on brief, for appellee.

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

ALDRICH, Chief Judge.

This is an appeal from the denial of a petition for habeas corpus. The petitioning defendant, in 1950 when such procedure was common, was permitted to plead not guilty at his arraignment in the state court in the absence of representation. By so pleading he became unable to plead in abatement except in the court's subsequent discretion. Chin Kee v. Commonwealth, Mass.1968, 235 N.E.2d 787. Thereafter he obtained...

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