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UNITED STATES EX REL. PEERY v. SIELAFF

No. 78-1167.

615 F.2d 402 (1979)

UNITED STATES of America ex rel. Major PEERY, Petitioner-Appellant, v. Allyn R. SIELAFF, Director, Department of Corrections, State of Illinois, and David Brierton, Warden, Stateville Correctional Center, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 2, 1979.

Attorney(s) appearing for the Case

Michael Mulder, Asst. State Appellate Defender, Mary Robinson, Deputy State Appellate Defender, Elgin, Ill., for petitioner-appellant.

Michael B. Weinstein, Chicago, Ill., for respondents-appellees.

Before CUMMINGS, TONE and BAUER, Circuit Judges.

PER CURIAM.

On the evening of March 31, 1971, Major Peery killed his wife in the kitchen of his daughter's home. He was tried and convicted of murder in July of that year, but the judgment was reversed on appeal due to the trial court's erroneous rejection of Peery's proposed instructions on voluntary manslaughter. 11 Ill.App.3d 730, 297 N.E.2d 643 (1st Dist. 1973). At his retrial, Peery...

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