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LePAGE v. PICARD

No. 73-1359.

495 F.2d 26 (1974)

Joseph LePAGE et al., Plaintiffs, Appellants, v. Philip J. PICARD, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided April 18, 1974.

Attorney(s) appearing for the Case

Evan T. Lawson, Boston, Mass., by appointment of the court, for plaintiffs, appellants.

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

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

COFFIN, Chief Judge.

This is a consolidated appeal from dismissal of petitioners for writs of habeas corpus. Petitioners are serving life sentences pursuant to convictions, for first degree murder and armed assault with intent to rob, reached after a trial which began on February 4, 1965, in Massachusetts Superior Court.1 The hearing below was limited, by agreement of counsel, to the claim that the Superior Court denial of petitioners...

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