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GRAHAM v. SMITH

No. 1108, Docket 79-2022.

602 F.2d 1078 (1979)

Burton C. GRAHAM, Petitioner-Appellee, v. Harold J. SMITH, Superintendent Attica Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 18, 1979.

Attorney(s) appearing for the Case

Philip Halpern, Buffalo, N. Y. (State University of New York Faculty of Law and Jurisprudence, Rolf Nils Olsen, Jr., Buffalo, N. Y., of counsel), for petitioner-appellee.

D. Bruce Crew, III, Chemung County Dist. Atty., Elmira, N. Y., James L. Kennedy, Asst. Atty. Gen., Buffalo, N. Y., of counsel), for respondent-appellant.

Before MOORE, FRIENDLY and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

This case, arising from the death of Lucille Graham in Elmira, N. Y. on August 26, 1961, has had a long history. This is recorded in many opinions of the New York courts1 and in one of our own, U. S. ex rel. Graham v. Mancusi, 457 F.2d 463 (2 Cir. 1972), familiarity with which is assumed.

Burton Graham was indicted in 1961 for first degree murder of his wife Lucille...

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