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WILBUR v. MULLANEY

No. 72-1348.

473 F.2d 943 (1973)

Stillman E. WILBUR, Jr., Petitioner, Appellee, v. Garrell S. MULLANEY et al., Respondents, Appellants.

United States Court of Appeals, First Circuit.

Decided February 14, 1973.

Attorney(s) appearing for the Case

Vernon I. Arey, Asst. Atty. Gen., with whom Fernand LaRochelle, Asst. Atty. Gen., was on brief, for appellants.

Peter J. Rubin, Portland, Me., by appointment of the Court, with whom Bernstein, Shur, Sawyer & Nelson, Portland, Me., was on brief, for appellee.

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

ALDRICH, Senior Circuit Judge.

Petitioner Wilbur was convicted in the Maine Superior Court of the murder of one Hebert as a result of a beating. Wilbur did not take the stand. The principal evidence against him was his statement to the police, the admissibility of which is not presently controverted, that he did the act. This concession was coupled with an assertion that he had not intended to kill, and that the whole episode was the spontaneous result of anger provoked...

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