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SCHAEFER v. LEONE

No. 311, Docket 34493.

443 F.2d 182 (1971)

Jacob SCHAEFER, Appellee, v. Daniel LEONE, Warden, Hartford Correction Center, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 24, 1971.

Attorney(s) appearing for the Case

John F. Mulcahy, Jr., Deputy Chief Prosecutor, New Haven, Conn., for appellant.

John P. McKeon, Hartford, Conn., for appellee.

Before WATERMAN, MOORE and FEINBERG, Circuit Judges.

MOORE, Circuit Judge:

Daniel Leone, Warden of the Hartford Correctional Center, appeals from the granting of appellee Jacob Schaefer's petition for a writ of habeas corpus. The sole issue presented for review is whether a misstatement of Connecticut law by a Connecticut trial court to a jury regarding provable elements of the crime charged, held by the Connecticut appellate courts to constitute nonreversible error, is a question of constitutional dimension thereby...

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