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UNITED STATES v. RICHMOND

No. 314, Docket 26601.

295 F.2d 83 (1961)

UNITED STATES ex rel. Benjamin REID, Petitioner-Appellee, v. Mark S. RICHMOND, Warden of Connecticut State Prison, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided September 19, 1961.

Rehearing Denied October 11, 1961.

Certiorari Denied December 18, 1961.

Attorney(s) appearing for the Case

William D. Graham, Hartford, Conn. (Joseph LaPlante, Hartford, Conn., on the brief), for petitioner-appellee.

John D. LaBelle, State's Attorney, Manchester, Conn. and J. Read Murphy, Assistant State's Attorney, Hartford, Conn. (George D. Stoughton, Assistant State's Attorney, Hartford, Conn., on the brief), for respondent-appellant.

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE and FRIENDLY, Circuit Judges.

Certiorari Denied December 18, 1961. See 82 S.Ct. 390.

LUMBARD, Chief Judge.

The warden of the Connecticut State Prison appeals from a judgment of the United States District Court for the District of Connecticut which vacated the first degree murder conviction of Benjamin Reid entered in the Superior Court for Hartford County and directed that he be discharged from custody unless given a new trial within a reasonable time. The decision of the district court...

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