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BULGER v. McCLAY

No. 833, Docket 78-2009.

575 F.2d 407 (1978)

William BULGER, Petitioner-Appellee, v. Robert E. McCLAY, Superintendent, Arthur Kill Correctional Facility, and Benjamin Ward, Commissioner, New York State Department of Correctional Services, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 4, 1978.

Attorney(s) appearing for the Case

Jonathan J. Silbermann, New York City (Martin Erdmann, The Legal Aid Society, Federal Defender Services Unit, New York City, of counsel), for petitioner-appellee.

A. Seth Greenwald, Asst. Atty. Gen., New York City (Samuel Hirshowitz, Asst. Atty. Gen., New York City, of counsel), for respondents-appellants.

Before KAUFMAN, Chief Judge, LUMBARD and SMITH, Circuit Judges.

IRVING R. KAUFMAN, Chief Judge:

The remarkable institution known as the Anglo-American jury is such a commonplace of our judicial structure that we have perhaps become dulled to its primary characteristics. But, as Justice Holmes observed over half a century ago in Patterson v. Colorado, 205 U.S. 454, 462, 27 S.Ct. 556, 558, 51 L.Ed. 879 (1907), one of the precepts of our system is that the "conclusions to be reached in a case...

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