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UNITED STATES EX REL. ROMEO v. McMANN

No. 158, Docket 29289.

418 F.2d 860 (1969)

UNITED STATES of America ex rel. Benedetto ROMEO, Petitioner-Appellant, v. Daniel McMANN, as Warden of Clinton State Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 17, 1969.

Attorney(s) appearing for the Case

Gretchen White Oberman, The Legal Aid Society, New York City (Milton Adler, The Legal Aid Society, New York City, on the brief), for appellant.

Mortimer Sattler, 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 appellee.

Before FRIENDLY, HAYS and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

Mrs. Vera Rubin was shot and killed by a thief's bullet in an exchange of fire between robbers and police during an abortive holdup of Rao's Bar and Grill in New York City on September 6, 1941. This crime was still unsolved at the time John Gramando was arrested on June 15, 1945, in connection with an unrelated killing of one Anthony Spagna on October 17, 1944. When Gramando was arrested, officers found a gun in his wife's handbag and she...

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