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LABBE v. BERMAN

No. 79-1529.

621 F.2d 26 (1980)

Russell G. LABBE, Sr., Petitioner, Appellant, v. Louis M. BERMAN, etc., Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided May 12, 1980.

Attorney(s) appearing for the Case

Mark Schonfeld, Boston, Mass., by appointment of the Court, with whom Sherburne, Powers & Needham, Boston, Mass., was on brief, for petitioner, appellant.

Roberta Thomas Brown, Asst. Atty. Gen., Crim. Bureau, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Chief, Crim. Bureau, Boston, Mass., were on brief, for respondent, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and WYZANSKI, Senior District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Petitioner, convicted in a Massachusetts state court of the manslaughter of his stepchild, Jason Golding, appeals from the denial of his petition for habeas corpus. Petitioner argues his constitutional rights were violated by (1) his wife's claiming the marital privilege in the presence of the jury, (2) the court's refusal to allow his wife and parents to sit with petitioner during the trial, (3) the introduction into evidence of...

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