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UNITED STATES EX REL. MAGOON v. REINCKE

No. 465, Docket 33038.

416 F.2d 69 (1969)

UNITED STATES of America ex rel. Roy Alden MAGOON, Relator-Appellee, v. Frederick REINCKE, Warden Connecticut State Prison, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided September 8, 1969.

Attorney(s) appearing for the Case

Irving H. Perlmutter, Ullman, Perlmutter & Ullman, New Haven, Conn., William A. Jacobs, Meriden, Conn., for relator-appellee.

Peter W. Gillies, Sp. Asst. State's Atty., for respondent-appellant.

Before WATERMAN, SMITH and FEINBERG, Circuit Judges.

WATERMAN, Circuit Judge:

Petitioner-appellee Roy Alden Magoon was prosecuted in the Connecticut state courts for having committed arson, was tried to a jury, and was convicted. The judgment of conviction was affirmed by the Connecticut Supreme Court on April 16, 1968, and leave to appeal to the United States Supreme Court at the expense of the state was denied on April 26, 1968. Thereafter he brought a habeas corpus petition to the United States District Court for...

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