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LUSSIER v. GUNTER

No. 76-1282.

552 F.2d 385 (1977)

Alan Lloyd LUSSIER, Petitioner, Appellant, v. Frank O. GUNTER et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Richard S. Goldstein, Boston, Mass., for appellant.

Deborah S. Solomon, Asst. Atty. Gen., Boston, Mass., with whom Francis X Bellotti, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Crim. Bureau, Boston, Mass., were on brief, for appellees.

Before COFFIN, Chief Judge, CLARK, Associate Justice, (Retired), CAMPBELL, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

The district court dismissed appellant Lussier's petition for a writ of habeas corpus under 28 U.S.C. § 2254 and he appeals.

Lussier was convicted after a jury trial in Massachusetts Superior Court of first degree murder committed with extreme cruelty or atrocity and was sentenced to life imprisonment. The Commonwealth introduced evidence that in 1971, at the time of the murder, Lussier was a part-time resident superintendent...

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