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LaFRANCE v. BOHLINGER

No. 73-1327.

499 F.2d 29 (1974)

Peter F. LaFRANCE, Petitioner, Appellee, v. George H. BOHLINGER, III, etc., Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided June 28, 1974.

Attorney(s) appearing for the Case

Bernard Manning, Asst. Atty. Gen., Boston, Mass., 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, Boston, Mass., were on brief, for appellant.

Alexander Whiteside, II, Boston, Mass. by appointment of the Court, with whom Putnam, Bell & Russell, Boston, Mass., was on brief, for appellee.

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

LEVIN H. CAMPBELL, Circuit Judge.

The main question on appeal is whether a state judge committed constitutional error when he permitted the district attorney to use a witness' prior statement to the police to impeach the witness without a judicial inquiry into its voluntariness and without instructing the jury to pass on its voluntariness. Cf. Jackson v. Denno, 378 U.S. 368, 84 S.Ct....

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