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UNITED STATES v. MASTRANGELO

No. 257, Docket 81-1270.

662 F.2d 946 (1981)

UNITED STATES of America, Appellee, v. Richard MASTRANGELO, Appellant.

United States Court of Appeals, Second Circuit.

Decided October 28, 1981.

Attorney(s) appearing for the Case

Gerald Shargel, New York City (Graham Hughes, New York City, of counsel), for appellant.

Susan E. Shepard, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty. for the E. D. New York, Vivian Shevitz, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for appellee.

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

OAKES, Circuit Judge:

This expedited appeal raises anew the question whether there was "manifest necessity," United States v. Perez, 22 U.S. (9 Wheat.) 579, 580, 6 L.Ed. 165 (1824), for the declaration of a mistrial. What makes this case unique is that the mistrial was declared following the killing of the Government's only witness against appellant, Richard Mastrangelo. The killing occurred on the witness's way to the courtroom to testify in a trial in which...

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