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UNITED STATES EX REL. OWEN v. McMANN

No. 133, Docket 34822.

435 F.2d 813 (1970)

UNITED STATES of America ex rel. Craig S. OWEN, Petitioner-Appellee, v. Hon. Daniel J. McMANN, Warden of Auburn State Prison, Auburn, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 8, 1970.

Attorney(s) appearing for the Case

Brenda Soloff, New York City (Louis J. Lefkowitz, Atty. Gen. of N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., and Iris A. Steel, Asst. Atty. Gen., of counsel), for respondent-appellant.

Richard N. Bach, Utica, N. Y., for petitioner-appellee.

Before WATERMAN, Senior Circuit Judge, and FRIENDLY and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

Petitioner Craig S. Owen was tried early in 1966 in the County Court of Oneida County, N. Y., with one Sebregandio, on charges of first degree robbery, second degree assault and first degree grand larceny. After some 13 to 14 hours of deliberation and a report of inability to agree with respect to one defendant, the jury returned to the court-room around 2 A.M. and the foreman reported both defendants had been found guilty on all counts. When...

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