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LEMIRE v. McCARTHY

No. 77-1356.

570 F.2d 17 (1978)

Paul E. LEMIRE, Petitioner, Appellant, v. Richard T. McCARTHY et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided February 2, 1978.

Attorney(s) appearing for the Case

Jean-Claude Sakellarios, Boston, Mass., with whom John F. Bielagus, Lowell, Mass., was on brief, for petitioner, appellant.

Peter W. Heed, Asst. Atty. Gen., Concord, N. H., with whom David H. Souter, Atty. Gen., Concord, N. H., was on brief, for respondents, appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, GORDON, District Judge.

COFFIN, Chief Judge.

Petitioner seeks a writ of habeas corpus predicated on alleged errors leading to his conviction in New Hampshire superior court for both rape and unnatural acts.1 The issues were first raised by his motion for new trial, in which he alleged error by the court in requiring petitioner "to take the stand and testify on his own behalf prior to and contingent upon [sic] the admissibility of certain evidence concerning the...

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