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UNITED STATES v. SMITH

No. 351, Docket 27418.

306 F.2d 596 (1962)

UNITED STATES of America ex rel. Frank BROWN, Petitioner-Appellee, v. Robert G. SMITH, Warden, Vermont State Prison, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided July 17, 1962.

Petition for Rehearing Denied October 1, 1962.

Attorney(s) appearing for the Case

Thomas M. Debevoise, Woodstock, Vt. (Charles J. Adams, Atty. Gen., State of Vermont, Montpelier, Vt., on the brief), for respondent-appellant.

John S. Burgess, Brattleboro, Vt. (Henry F. Black, White River Junction, Vt., and Robert H. Gibson, Brattleboro, Vt., on the brief), for petitioner-appellee.

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

Petition for Rehearing in Banc Denied October 1, 1962.

LUMBARD, Chief Judge.

The State of Vermont and the warden of its prison appeal from an order of the district court granting the discharge of Frank Brown on a writ of habeas corpus for the State's "failure to accord petitioner a fair trial by a panel of indifferent jurors plus the denial of state appellate review" in violation of his constitutional rights after his sentence in the Windham County Court to...

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