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CLINE v. ROCKINGHAM COUNTY SUPERIOR COURT

No. 74-1016.

502 F.2d 789 (1974)

James A. CLINE, Petitioner-Appellee, v. ROCKINGHAM COUNTY SUPERIOR COURT, Respondent-Appellant.

United States Court of Appeals, First Circuit.

Decided September 5, 1974.

Attorney(s) appearing for the Case

Robert V. Johnson, II, Asst. Atty. Gen., with whom Warren B. Rudman, Atty. Gen., was on brief, for respondent-appellant.

Richard S. Kohn, Concord, N. H., on brief for petitioner-appellee.

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

McENTEE, Circuit Judge.

The State of New Hampshire, acting on behalf of the superior court, appeals from the granting of a writ of habeas corpus. 367 F.Supp. 1146 (D.N.H. 1973). We affirm, but on different grounds.

The facts are as follows. On July 29, 1970, petitioner-appellee Cline, then 18 years old, walked up to a police officer on the street in Hampton Beach, N. H., and asked him where he could buy a pair of shoes...

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