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LEMIEUX v. ROBBINS

No. 7296.

414 F.2d 353 (1969)

Francis T. LEMIEUX, Petitioner, Appellee, v. Allan L. ROBBINS, Warden, Maine State Prison, Respondent, Appellant.

United States Court of Appeals First Circuit.

Decided August 22, 1969.

Attorney(s) appearing for the Case

John W. Benoit, Jr., Asst. Atty. Gen., for appellant.

Jeremiah D. Newbury, Portland, Me., with whom S. Mason Pratt, Jr., and Pierce, Atwood, Scribner, Allen & McKusick, Portland, Me., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

On April 29, 1966 petitioner Lemieux assaulted one Judy Files. A complaint was lodged against him in the local district court charging an offense under 17 Maine R.S.A. § 201.1 Petitioner pleaded not guilty. Following trial to the court he was found guilty and fined. Pursuant to Maine District Court Criminal Rules 37(a), 39(a), and (b) he "appealed" to the Superior Court...

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