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SALEMME v. RISTAINO

No. 78-1195.

587 F.2d 81 (1978)

Francis SALEMME, Petitioner-Appellant, v. Theodore RISTAINO, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided November 22, 1978.

Attorney(s) appearing for the Case

Argued by Harvey Brower, Lawrence, Mass., with whom David Berman, Medford, Mass., was on brief, for petitioner-appellant.

Michael C. Donahue, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Boston, Mass., were on brief, for respondent-appellee.

Before KUNZIG, Judge, U.S. Court of Claims, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

Francis Salemme was convicted of assault with intent to murder and assault and battery by means of a dangerous weapon, in violation of Mass.Gen.Laws ch. 265 §§ 18 and 15A (1970). He was tried in Middlesex County Superior Court from June 11, 1973, through June 15, 1973. He received two sentences, to run consecutively, of 19-20 years and 9-10 years. The Massachusetts Appeals Court affirmed his convictions on March 4, 1975, Mass.App.Adv...

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