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MAINS v. BUTTERWORTH

Nos. 79-1463, 79-1469.

619 F.2d 83 (1980)

Robert MAINS, Petitioner, v. Fred BUTTERWORTH et al., Respondents.

United States Court of Appeals, First Circuit.

Decided March 10, 1980.

Attorney(s) appearing for the Case

Harvey A. Schwartz, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Stephen R. Delinsky, Asst. Atty. Gen., Chief, Crim. Bureau, and Barbara A. H. Smith, Asst. Atty. Gen., Chief, Crim. App. Section, Boston, Mass., were on brief, for Fred Butterworth, et al.

Robert L. Sheketoff, Boston, Mass., with whom Norman S. Zalkind, Boston, Mass., by appointment of the Court, and Zalkind & Zalkind, Boston, Mass. were on brief, for Robert Mains.

Before ALDRICH, CAMPBELL and BOWNES, Circuit Judges.

ALDRICH, Senior Circuit Judge.

Defendant Robert Mains, petitioner for habeas corpus, was found guilty by a jury of first degree murder. We embark on the fifth inquiry whether there was an unconstitutional failure by the prosecution to fulfill its general obligation, United States v. Agurs, 1976, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342, to supply exculpatory evidence relating to its witness Edward Short. The question was raised...

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