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PUGLIESE v. PERRIN

No. 83-1635.

731 F.2d 85 (1984)

Edward A. PUGLIESE, Petitioner, Appellee, v. Everett I. PERRIN, Jr., etc., et al., Respondents, Appellants.

United States Court of Appeals, First Circuit.

Decided March 30, 1984.

Attorney(s) appearing for the Case

Brian T. Tucker, Concord, N.H., Asst. Atty. Gen., with whom Gregory H. Smith, Atty. Gen., Concord, N.H., was on brief, for appellants.

Gilbert Upton, Concord, N.H., with whom Upton, Sanders & Smith, Concord, N.H., was on brief, for appellee.

Before CAMPBELL, Chief Judge, BOWNES and BREYER, Circuit Judges.

BOWNES, Circuit Judge.

This habeas corpus case arises from petitioner Edward Pugliese's conviction for negligent homicide. The homicide resulted from a fight between Pugliese and Denis Champagne. Champagne had been having an affair with Pugliese's wife, or at least so Pugliese believed. There is a dispute as to who instigated the fight, but there is no dispute that when it was over Champagne was dead as the result of five stab wounds.

Pugliese has been tried...

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