Court of Appeals for the First Circuit May 29, 1968, 7083 (Peter W. MacEy v. Palmer C. Scafati, Superintendent)

ALDRICH, Chief Judge.

This is an appeal from the denial of a petition for habeas corpus. The petitioning defendant, in 1950 when such procedure was common, was permitted to plead not guilty at his arraignment in the state court in the absence of representation. By so pleading he became unable to plead in abatement except in the court’s subsequent discretion. Chin Kee v. Commonwealth, Mass.