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GRACE v. BUTTERWORTH

No. 78-1251.

586 F.2d 878 (1978)

Frank GRACE and Ross M. Grace, Petitioners, Appellants, v. Fred BUTTERWORTH, Superintendent, Massachusetts Correctional Institution, Walpole, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided November 17, 1978.

Attorney(s) appearing for the Case

Daniel F. Featherston, Jr., Boston, Mass., for petitioners, appellants.

Robert V. Greco, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Chief, Criminal Bureau, Boston, Mass., were on brief, for respondent, appellee.

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

ALDRICH, Senior Circuit Judge.

This is a petition for habeas corpus brought by two brothers convicted after a jury trial of first and second degree murder, respectively, in the Massachusetts Superior Court. Following conviction, they moved for a new trial on the ground of newly discovered evidence. The trial court's denial of these motions was affirmed on appeal, Commonwealth v. Grace (1976), Mass., 352 N.E.2d 175, and

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