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BEATON, PETITIONER

354 Mass. 670 (1968)

241 N.E.2d 845

EDWARD J. BEATON, petitioner.

Supreme Judicial Court of Massachusetts, Suffolk.

November 5, 1968.

Attorney(s) appearing for the Case

Robert Emmet Dinsmore & Lester M. Gold for the petitioner.

Willie J. Davis, Assistant Attorney General, for the Superintendent Massachusetts Correctional Institution at Walpole & another.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & REARDON, JJ.

SPALDING, J.

This is a petition for a writ of habeas corpus brought by a prisoner who is serving a sentence in the Massachusetts Correctional Institution at Walpole (Walpole).

The case was heard on the petition and a motion to dismiss. The facts alleged in the petition as amplified by facts agreed to by the parties are these.

On June 16, 1961, the petitioner was convicted of the crime of robbery and was sentenced...

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