UNITED STATES v. LAVALLEE

No. 831, Docket 34228.

442 F.2d 456 (1971)

UNITED STATES of America ex rel. William Henry GLOVER, Relator-Appellant, v. The Hon. J. Edwin LaVALLEE, Warden of Clinton State Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 12, 1971.


Attorney(s) appearing for the Case

Richard J. Egger, Jr., New York City, for relator-appellant.

Michael Colodner, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for respondent-appellee.

Before FRIENDLY, ANDERSON and FEINBERG, Circuit Judges.


PER CURIAM:

William Henry Glover was convicted in New York's Nassau County Court in 1961 for rape and assault committed on a friend of his wife's on August 5, 1960. At the time of his arrest in a local bar on the day of the rape, there was a struggle between Glover and three arresting officers. After the victim, whose face bore marks of cuts and scratches, had identified him at the stationhouse later that afternoon, a second struggle occurred. As a result of that...

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