UNITED STATES EX REL. HUGHES v. McMANN

No. 70, Docket 31461.

405 F.2d 773 (1968)

UNITED STATES of America ex rel. Joseph HUGHES, Petitioner-Appellant, v. Hon. Daniel McMANN, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 14, 1968.


Attorney(s) appearing for the Case

Peter S. Paine, Jr., New York City (Anthony F. Marra, The Legal Aid Society, New York City), for petitioner-appellant.

Hillel Hoffman, Asst. Atty. Gen. (Samuel A. Hirshowitz, First Asst. Atty. Gen., on brief) (Louis J. Lefkowitz, Atty. Gen., of the State of New York), for respondent-appellee.

Before MOORE, FRIENDLY and FEINBERG, Circuit Judges.


FRIENDLY, Circuit Judge:

Joseph Hughes, convicted of felony murder by a New York court in 1958, has sought federal habeas corpus because of the receipt in evidence at his trial of two written confessions alleged to have been involuntary.

The indictment was for causing the death of Spinaci, the proprietor of an Italian delicatessen store, who was wounded during a robbery in Buffalo, N. Y., and later died. No objection was made to the admission of the confessions...

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