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UNITED STATES v. SMITH

11 F.2d 980 (1926)

UNITED STATES ex rel. PALERMO v. SMITH, District Director of Immigration.

District Court, W. D. New York.

March 25, 1926.

Attorney(s) appearing for the Case

Coonley & Sapowitch, of Buffalo, N. Y. (Robert L. Strebel, of Buffalo, N. Y., of counsel), for relator.

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Henry McK. Erb, Asst. U. S. Atty., of Buffalo, N. Y., of counsel), opposed.

HAZEL, District Judge.

1. The relator, a native of Italy and 73 years of age, came to this country in 1919, and now lives with his son, a naturalized citizen of the United States. On his examination before the board of special inquiry he admitted that in 1882 he was jointly convicted in Italy with another of the crime of murder, and sentenced to death, but later on commuted to life imprisonment. After his 37 years' imprisonment, he, in January, 1919, about 11 months...

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