LENO v. GAUGHAN

No. 81-1274.

664 F.2d 314 (1981)

James J. LENO, Petitioner, Appellant, v. Charles W. GAUGHAN, Commonwealth of Massachusetts, Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided November 23, 1981.


Attorney(s) appearing for the Case

George F. Gormley, Boston, Mass., with whom Alice A. Hanlon, Boston, Mass., was on brief, for petitioner, appellant.

William D. Luzier, Jr., 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. Appellate, Boston, Mass., were on brief, for respondents, appellees.

Before CAMPBELL and BOWNES, Circuit Judges, and BONSAL, Senior District Judge.


PER CURIAM.

Appellant Leno was tried and convicted in the Massachusetts Superior Court on charges of rape and assault with intent to commit rape. During the trial, appellant took the stand to testify in his own behalf. To impeach appellant's credibility the prosecution introduced evidence, as Massachusetts law permits, of appellant's prior convictions of rape and assault.1 The trial judge instructed the jury that these prior convictions...

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