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UNITED STATES v. SMITH

Civ. No. 3275.

200 F.Supp. 885 (1961)

UNITED STATES ex rel. Frank BROWN, Petitioner, v. Robert G. SMITH, Warden, Vermont State Prison, Respondent.

United States District Court D. Vermont.

Post-Judgment Motions Argued and Decided January 12, 1962.

Attorney(s) appearing for the Case

Henry F. Black, White River Junction, Vt., John S. Burgess and Robert H. Gibson, Brattleboro, Vt., for petitioner.

Thomas M. Debevoise, Atty. Gen. of Vermont, Montpelier, Vt., and John Rocray, State's Atty. for Windham County, Brattleboro, Vt., for respondent.

Ralph L. Chapman, Brattleboro, Vt., Philip H. Hoff, Burlington, Vt., and Rowland Watts, New York City, for American Civil Liberties Union, amicus curiae.

TIMBERS, District Judge.*

I.

RELIEF SOUGHT AND GRANTED

Petitioner Frank Brown,1 a prisoner in the Vermont State Prison at Windsor, filed a petition seeking a writ of habeas corpus, pursuant to 28 U.S.C. § 2241,2 claiming that his conviction in the Windham (Vt.) County Court of arson causing death (a capital offense equivalent to first degree murder under...

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