PETERSON v. GAUGHAN

No. 7176.

404 F.2d 1375 (1968)

Leroy J. PETERSON, Petitioner, Appellant, v. Charles W. GAUGHAN, Superintendent, Massachusetts Correctional Institution at Bridgewater, Respondent, Appellee.

United States Court of Appeals First Circuit.

Decided December 19, 1968.


Attorney(s) appearing for the Case

John D. O'Reilly, III, Boston, Mass., by appointment of the Court, for appellant.

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

Before ALDRICH, Chief Judge, STALEY, Senior Circuit Judge, and COFFIN, Circuit Judge.


COFFIN, Circuit Judge.

Petitioner-appellant appeals from a denial by the U. S. District Court of a habeas corpus petition. Peterson v. Gaughan, 285 F.Supp. 377 (1968). He alleges that his commitment to the Massachusetts Correctional Institute at Bridgewater under M.G.L.A. c. 123A § 6 is unconstitutional.1

The instant proceeding represents the latest in a series of challenges petitioner...

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