DeCHRISTOFORO v. DONNELLY

No. 72-1338.

473 F.2d 1236 (1973)

Benjamin A. DeCHRISTOFORO, Petitioner, Appellant, v. Robert H. DONNELLY, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided February 22, 1973.


Attorney(s) appearing for the Case

Paul T. Smith, Boston, Mass., with whom Harvey R. Peters and Jeffrey M. Smith, Boston, Mass., were on brief, for petitioner, appellant.

David A. Mills, Asst. Atty. Gen., Chief, Appellate Section, with whom Robert H. Quinn, Atty. Gen., John J. Irwin, Jr., Asst. Atty. Gen., Chief, Crim. Div., and William T. Harrod, III, Winthrop, Mass., were on brief, for respondent, appellee.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.


ALDRICH, Senior Circuit Judge.

At four o'clock on the morning on April 18, 1967, the police drew alongside a car that had stopped in a residential area to question the four occupants. The driver, one Gagliardi, was questioned first. He left to enter a house, which he incorrectly asserted to be his own. Petitioner DeChristoforo was questioned next. After he had left the scene, ostensibly to join Gagliardi, the police discovered that the passenger in the front seat...

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