MONTEIRO v. PICARD

No. 71-1015.

443 F.2d 311 (1971)

Anthony J. MONTEIRO, Petitioner, Appellant, v. Philip J. PICARD, Superintendent of the Norfolk Prison Colony, Norfolk, Massachusetts, Appellee.

United States Court of Appeals, First Circuit.

Decided May 26, 1971.

As Amended on Denial of June 29, 1971.


Attorney(s) appearing for the Case

Charles M. Burnim, Marblehead, Mass., by appointment of the Court, for appellant.

Henry F. Spaloss, Asst. Atty. Gen., with whom Warren B. Rudman, Atty. Gen., was on brief for appellee.

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


COFFIN, Circuit Judge.

On May 9, 1967, six months after their home had been robbed, Alice and Emile Chagnon identified petitioner at a police station line-up as one of two men who committed the crime. Douglas Plummer, a 14 year old boy who briefly saw the robbers fleeing the scene, made the same identification. Six weeks later the three witnesses repeated their identification at a joint trial in the Superior Court of New Hampshire. A jury verdict of guilty was returned...

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