SUBILOSKY v. MOORE

No. 71-1053.

443 F.2d 334 (1971)

Joseph SUBILOSKY, Petitioner, Appellant, v. Robert J. MOORE, As he is Superintendent of Massachusetts Correctional Institution, Walpole, Massachusetts, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided June 2, 1971.


Attorney(s) appearing for the Case

Richard W. Renehan, Boston, Mass., with whom Peter H. Burling and Hill & Barlow, Boston, Mass., were on brief, for appellant.

Ruth I. Abrams, Asst. Atty. Gen., Chief, Appellate Section, with whom Robert H. Quinn, Atty. Gen., John J. Irwin, Jr., Asst. Atty. Gen., Chief, Criminal Division, William T. Buckley, Dist. Atty., Middle District, and Manuel Morse, Asst. Dist. Atty., were on brief, for appellee.

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


ALDRICH, Chief Judge.

This is a petition for habeas corpus. Petitioner, hereafter defendant, was convicted in the state court, following jury verdicts, of murder and armed robbery of a bank. His conviction was affirmed on appeal. Commonwealth v. Subilosky, 1967, 352 Mass. 153, 224 N.E.2d 197. He has since exhausted his state remedies on his present claim, which is based on the fact that he was...

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