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McGARTY v. O'BRIEN

No. 50-84 M.C.

96 F.Supp. 704 (1951)

McGARTY v. O'BRIEN, Warden.

United States District Court, D. Massachusetts.

February 8, 1951.

Attorney(s) appearing for the Case

James S. Seligman, Fall River, Mass., for petitioner.

Francis E. Kelly, Atty. Gen., Henry P. Fielding, Asst. Atty. Gen., Maurice M. Lyons, Dist. Atty. So. Dist. of Mass., New Bedford, Mass., for respondent.

McCARTHY, District Judge.

The Bristol County, Massachusetts Grand Jury returned an indictment on November 12, 1947, against Charles McGarty, hereinafter sometimes called petitioner, for the murder of his niece. On motion, James Seligman, Esq., was assigned as counsel. The Clerk of the Superior Court gave notice to the Department of Public Health of the Commonwealth under Mass.G.L. (Ter.Ed.) c. 123, § 100A, as amended by St.1941, c 194, § 11, known as the...

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