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PETTIJOHN v. HALL

No. 78-1420.

599 F.2d 476 (1979)

Carl PETTIJOHN, Petitioner, Appellant, v. Frank HALL, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided June 7, 1979.

Attorney(s) appearing for the Case

Jack A. Goetz, Boston University Law Student, with whom John Leubsdorf, Associate Professor of Law, Boston, Mass., Court appointed counsel, and Judd H. Lees, Boston University Law Student, were on brief, for appellant.

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 appellee.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, PETTINE, District Judge.

PETTINE, District Judge.

This habeas corpus appeal concerns the scope of the sixth amendment right to call a witness in one's defense after having moved to suppress a portion of that witness' testimony.

A brief recitation of the facts is necessary. Carl Pettijohn was convicted of armed robbery in Massachusetts Superior Court solely on the basis of the victim's eyewitness testimony. David Smith, the victim, had been a security guard for the New England Wholesale...

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