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HUNT v. KERIAKOS

Nos. 7557, 7567.

428 F.2d 606 (1970)

John L. HUNT, Petitioner, Appellant, v. John KERIAKOS, Acting Sheriff and Master of House of Correction at Billerica, Massachusetts, Respondent, Appellee. Joseph N. PALLADINO, Sr., Petitioner, Appellant, v. Joseph V. McBRINE, Commissioner of Penal Institutions for the City of Boston, Respondent, Appellee.

United States Court of Appeals, First Circuit.

June 19, 1970.

Attorney(s) appearing for the Case

Mitchell Benjoya, Boston, Mass., with whom Crane, Inker & Oteri, Joseph S. Oteri, and Kevin M. Keating, Boston, Mass., were on brief, for appellant John L. Hunt.

John A. Pino, Boston, Mass., with whom Herald Price Fahringer, Buffalo, N. Y., was on brief for appellant Joseph N. Palladino, Sr.

Lawrence P. Cohen, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., John J. Irwin, Jr., Asst. Atty. Gen., Chief, Criminal Division, and Garrett H. Byrne, Dist. Atty., Suffolk County, were on brief, for appellees.

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

ALDRICH, Chief Judge.

These are two petitions for habeas corpus. Petitioners were convicted in the Massachusetts Superior Court of possession of obscene material with intent to sell, in violation of Mass.G.L. c. 272 § 28A. The convictions were affirmed sub nom. Commonwealth v. Johnson, 1969 Mass.A.S. 824, 247 N.E.2d 701, without opinion. Certiorari was denied sub nom. Johnson v. Massachusetts, (1969) 396 U.S. 990, 90 S.Ct....

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