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EISEN v. PICARD

No. 71-1217.

452 F.2d 860 (1971)

Karl G. EISEN, Petitioner, Appellant, v. Philip J. PICARD, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 14, 1971.

Attorney(s) appearing for the Case

Alexander Whiteside, II, Boston, Mass., for appellant.

Bernard Manning, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen. and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Criminal Division, were on brief, for appellee.

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

McENTEE, Circuit Judge.

Defendant appeals from the denial, without a hearing, of his petition for a writ of habeas corpus. He was convicted in the Superior Court of Massachusetts of murder in the first degree by extreme atrocity and cruelty.1 The jury recommended that the death penalty not be imposed. The Supreme Judicial Court affirmed the conviction. Commonwealth v. Eisen, Mass., 267 N.E.2d 229 (1971...

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