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UNITED STATES v. MURPHY

No. 408, Docket 25820.

293 F.2d 563 (1961)

UNITED STATES of America ex rel. Adolph KULIKAUSKAS, Relator-Appellant, v. Robert E. MURPHY, Warden of the State Prison at Auburn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided August 17, 1961.

Attorney(s) appearing for the Case

H. Paul Burak, New York City (Anthony F. Marra, New York City), for relator-appellant.

Herbert J. Wallenstein, New York City (Louis J. Lefkowitz, Atty. Gen., Paxton Blair, Sol. Gen., Albany, N. Y., Irving Galt, Asst. Sol. Gen., New York City, and Herbert J. Wallenstein, Asst. Atty. Gen., on the brief), for appellee.

Before LUMBARD, Chief Judge, GOODRICH and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

Adolph Kulikauskas, convicted in Queens County Court in 1947 of rape, kidnapping and assault with respect to two women, petitioned the District Court for the Northern District of New York for a writ of habeas corpus in 1959. He alleged that, in violation of rights guaranteed him by the Fourteenth Amendment, coerced confessions had been received at his trial, the jury had been wrongly charged as to the issue of coercion, and the alleged refusal...

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