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SUBILOSKY v. SCAFATI

Misc. Civ. No. 67-77-C.

294 F.Supp. 18 (1968)

Joseph SUBILOSKY v. Palmer C. SCAFATI, Superintendent of Massachusetts Correctional Institution, Walpole.

United States District Court D. Massachusetts.

December 30, 1968.

Attorney(s) appearing for the Case

Richard W. Renehan, Hill & Barlow, Boston, Mass., for plaintiff.

Willie J. Davis, Asst. Atty. Gen., Boston, Mass., for defendant.

OPINION

CAFFREY, District Judge.

This matter came on for hearing on the substitute petition for a writ of habeas corpus and upon respondent's motion to dismiss. At the hearing it was stipulated by counsel that the issues were to be resolved upon the basis of designated portions of the transcript of petitioner's trial in Superior Court, the opinion of the Supreme Judicial Court of Massachusetts in Commonwealth v. Subilosky, 352 Mass. 153...

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