UNITED STATES EX REL. HUNTER v. FOLLETTE

No. 306, Docket 33606.

420 F.2d 779 (1969)

UNITED STATES of America ex rel. John O. HUNTER, Petitioner-Appellant, v. Hon. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 18, 1969.


Attorney(s) appearing for the Case

Alan D. Oshrin, Braun, Pachman, Freidel & Oshrin, Commack, N. Y., for petitioner-appellant.

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

Before LUMBARD, Chief Judge, DANAHER and ANDERSON, Circuit Judges.


PER CURIAM:

We affirm in open court the judgment of the District Court which denied without a hearing John O. Hunter's petition for a writ of habeas corpus. Hunter, who is imprisoned after conviction of first degree manslaughter, claims: (1) that he was deprived of a fair trial when the prosecutor informed the jury in his opening statement that Hunter had previously been convicted of a felony similar to the count in the indictment relating to use of a dangerous weapon...

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