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RAFFONE v. ADAMS

No. 748, Docket 72-1004.

468 F.2d 860 (1972)

James RAFFONE, Sr., Petitioner-Appellee, v. Frederick E. ADAMS, Warden, Connecticut Correctional Institution, Somers, Connecticut, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 19, 1972.

Attorney(s) appearing for the Case

Jerrold H. Barnett, Asst. State's Atty. for New Haven County, New Haven, Conn. (Arnold Markle, State's Atty. for New Haven County, New Haven, Conn., on the brief), for respondent-appellant.

Alfonse C. Fasano, New Haven, Conn. (Victor Paul Fasano, New Haven, Conn., on the brief), for petitioner-appellee.

Before MOORE, SMITH and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal by the State of Connecticut from an order of the District Court for the District of Connecticut, M. Joseph Blumenfeld, Chief Judge, granting a state prisoner's petition for a writ of habeas corpus and ordering his discharge from custody unless the State within 20 days vacated his conviction and scheduled a retrial, the chief issue presented is whether probable cause for the warrantless arrest of petitioner was provided...

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