LEAVITT v. HOWARD

No. 72-1016.

462 F.2d 992 (1972)

Barry K. LEAVITT, Petitioner-Appellee, v. Francis HOWARD, Warden, Adult Correctional Institution, Respondent-Appellant.

United States Court of Appeals, First Circuit.

Decided May 24, 1972.


Attorney(s) appearing for the Case

Donald P. Ryan, Asst. Atty. Gen., with whom Richard J. Israel, Atty. Gen., was on brief, for appellant.

Ira L. Schreiber, Providence, R. I., for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


ALDRICH, Chief Judge.

Barry K. Leavitt, 20 years old, married, was living in March 1964 on the second floor of an apartment house in Providence, Rhode Island. On the morning of March 23, 12-year old Michael Pono, who lived on the first floor, came home from school because he had forgotten his lunch money, and was stabbed to death. Shortly thereafter, Leavitt called the police from a telephone in his mother-in-law's nearby house and reported that, attracted by screams...

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