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UNITED STATES EX REL. COLEMAN v. MANCUSI

No. 227, Docket 33002.

423 F.2d 985 (1970)

UNITED STATES of America ex rel. Clarence COLEMAN, Petitioner-Appellant, v. Hon. Vincent R. MANCUSI, Warden of Attica State Prison, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 4, 1970.

Attorney(s) appearing for the Case

William C. Sterling, Jr., New York City (Milton Adler and Wachtell, Lipton, Rosen & Katz, New York City, on the brief), for petitioner-appellant.

Arlene R. Silverman, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Karla Moskowitz, Atty., on the brief), for respondent-appellee.

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

LUMBARD, Chief Judge.

This is an appeal from an order entered on September 27, 1967, by Judge Burke, denying, without a hearing, Coleman's petition for a writ of habeas corpus. We affirm.

Indicted on a charge of first degree murder for the death of his estranged wife on August 16, 1964, Coleman went to trial before a jury in December of that year, offering a defense that the gun went off accidentally during a struggle. The jury found petitioner guilty of the...

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