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NELSON v. MOORE

Nos. 72-1160, 72-1161.

470 F.2d 1192 (1972)

Sammie L. NELSON, Petitioner-Appellant, v. Robert J. MOORE, Superintendent, Massachusetts Correctional Institution, Walpole, Respondent-Appellee. Doreen MOORE, Petitioner-Appellant, v. Betty Cole SMITH, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided December 14, 1972.

Attorney(s) appearing for the Case

Charles P. Dattola, Boston, Mass., with whom Henry F. Owens, III, and Owens & Dilday, Boston, Mass., were on brief, for Sammie L. Nelson, appellant.

Daniel H. Kelleher, Boston, Mass., for Doreen Moore, appellant.

David A. Mills, Asst. Atty. Gen., Chief, Appellate Section, with whom Robert H. Quinn, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Chief Crim. Div., were on brief, for appellees.

Before COFFIN, Chief Judge, McENTEE and HAMLEY, Senior Circuit Judges.

HAMLEY, Senior Circuit Judge.

Sammie L. Nelson and Doreen Moore appeal from the denial of their applications for writs of habeas corpus.

Nelson and Moore were jointly tried and convicted in a Massachusetts court on charges of committing an assault and battery with a dangerous weapon upon a fourteen-year-old girl, and of contributing to the delinquency of that minor. At the same time, Nelson was convicted of statutory rape involving this girl. The convictions...

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