McGarty v. O'brien, Warden

MAGRUDER, Chief Judge.

In the order now under review, the district court dismissed a petition by Charles McGarty for a writ of habeas corpus directed to the Warden of the Massachusetts State Prison. A certificate of probable cause was signed by the district judge under 28 U.S.C.A. § 2253. An earlier attempt by the same petitioner to invoke the aid of the federal courts is reported in our decision in McGarty v. O’Brien, 1 Cir., 1950, 180 F.2d 987, certiorari denied, 1950, 339 U.S. 966, 70 S.Ct. 1002. The claim is that a conviction for murder was obtained in violation of the Fourteenth Amendment…