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GOGUEN v. SMITH

Misc. Civ. No. 72-22 LC.

343 F.Supp. 161 (1972)

Valerie GOGUEN, Petitioner, v. Joseph A. SMITH, Sheriff of Worcester County, Respondent.

United States District Court, D. Massachusetts.

May 25, 1972.

Attorney(s) appearing for the Case

Evan T. Lawson, Glickman, Lawson & Tenney, Boston, Mass., for petitioner.

Charles E. Chase, Asst. Atty. Gen., Boston, Mass., for respondent.

MEMORANDUM AND OPINION

LEVIN H. CAMPBELL, District Judge.

I

Petitioner applies for a writ of habeas corpus to obtain release from a six months sentence to the House of Correction imposed after his conviction in the Worcester County Superior Court. The conviction was upon a complaint that he "did publicly treat contemptuously the flag of the United States" in violation of G.L. c. 264, § 5.1 The conviction was

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