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UNITED STATES EX REL. WARD v. MANCUSI

No. 628, Docket 31832.

414 F.2d 87 (1969)

UNITED STATES of America ex rel. Robert J. WARD, Petitioner-Appellant, v. Vincent R. MANCUSI, Warden of Attica State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 24, 1969.

Attorney(s) appearing for the Case

Bruce K. Carpenter, Buffalo, N. Y. (The Legal Aid Bureau of Buffalo, Inc., Buffalo, N. Y., on the brief), for appellant.

Robert S. Hammer, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen. and Philip Kahaner, Asst. Atty. Gen., on the brief), for appellee.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

MOORE, Circuit Judge:

Robert J. Ward (appellant) appeals from an order of the United States District Court denying, without a hearing, his petition for a writ of habeas corpus. Appellant was convicted of manslaughter in the first degree for causing the death of his wife with a shotgun and sentenced to imprisonment for 10 to 20 years on March 30, 1955. The question presented here is the voluntariness of statements made by Ward to the police on the second day of his...

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