WILSON v. HENDERSON

No. 832, Docket 78-2015.

584 F.2d 1185 (1978)

Joseph Allen WILSON, Petitioner-Appellant, v. Hon. Robert J. HENDERSON, Superintendent, Auburn Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 20, 1978.


Attorney(s) appearing for the Case

Jeffrey Ira Zuckerman, New York City, for petitioner-appellant.

Louis J. Lefkowitz, Atty. Gen. of the State of New York and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City (Arlene R. Silverman, Asst. Atty. Gen., New York City, on brief), for respondent-appellee.

Before OAKES, Circuit Judge, and BLUMENFELD and MEHRTENS, District Judges.


MEHRTENS, District Judge:

In the early morning of July 4, 1970, three assailants robbed the Star Taxicab Garage and murdered the dispatcher on duty. Three Star employees identified the petitioner, Joseph Allen Wilson, as having been on the premises before the crime. Two testified that they had seen Wilson, a former employee, running from the scene after the incident, cradling money in his arms.

Four days later Wilson voluntarily surrendered himself to the...

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