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BALTHAZAR v. SUPERIOR CT. OF COM. OF MASS.

Civ. A. No. 74-5799-T.

428 F.Supp. 425 (1977)

Richard L. BALTHAZAR v. SUPERIOR COURT OF the COMMONWEALTH OF MASSACHUSETTS.

United States District Court, D. Massachusetts.

Substitute Order March 9, 1977.

Attorney(s) appearing for the Case

Prisoner's Rights Project, Susan J. Baronoff, Mass. Defenders Committee, Boston, Mass., Malvine Nathanson, William A. Nelson and Bruce R. Bono, Boston, Mass., for Balthazar.

Barbara A. H. Smith, A. A. G., Boston, Mass., for Superior Court of Com. of Mass.

OPINION

TAURO, District Judge.

This is an action for a writ of habeas corpus under 28 U.S.C. § 2241 brought by a petitioner who had been charged with having committed an "unnatural and lascivious" act in violation of Mass.Gen.Laws ch. 272, § 35; and with assault by means of a dangerous weapon in violation of Mass.Gen. Laws ch. 265, § 15B. Both charges arose out of the same incident. Following trial in the superior court he was convicted of...

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