Joseph Subilosky v. Robert J. Moore, as He is Superintendent of Massachusetts Correctional Institution, Walpole, Massachusetts

ALDRICH, Chief Judge.

This is a petition for habeas corpus. Petitioner, hereafter defendant, was convicted in the state court, following jury verdicts, of murder and armed robbery of a bank. His conviction was affirmed on appeal. Commonwealth v. Subilosky, 1967, 352 Mass. 153, 224 N.E.2d 197. He has since exhausted his state remedies on his present claim, which is based on the fact that he was impeached by the use of prior convictions at which he had not been represented by, nor had waived, counsel. The Massachusetts court, in a post conviction proceeding, found the error was not prejudicial.…