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VON UTTER v. TULLOCH

Misc. Civ. No. 69-45.

304 F.Supp. 1055 (1969)

John VON UTTER, Jr., Petitioner, v. Donald P. TULLOCH, Respondent.

United States District Court D. Massachusetts.

October 7, 1969.

Attorney(s) appearing for the Case

Joseph S. Oteri, Crane, Inker & Oteri, Boston, Mass., for petitioner.

Herbert E. Tucker, Cardozo & Tucker, Boston, Mass., Jack Greenberg, Norman J. Chachkin, New York City, Lawrence Kotin, Boston, Mass., of Counsel: Michael Altman, Charles H. Jones, Jr., Cambridge, Mass., Faden, Harriet A. Verbin and Donald, for respondent.

OPINION

J. W. FRANCIS FORD, District Judge.

Petitioner in this habeas corpus proceeding is now confined in the Barnstable House of Correction under a one year sentence imposed by the Massachusetts Superior Court upon his conviction, after a trial without jury, of possession of narcotics in violation of Massachusetts law. His conviction was affirmed by the Massachusetts Supreme Judicial Court, Commonwealth v. Von Utter, 1969 Mass. Adv.Sh. 559,

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