OPINION
FRANKEL, District Judge.
On the night of April 15, 1964, Harold Johnson, Jr., was shot in the back of the head and killed. Some 24 hours later the petitioner was charged with the slaying. Indicted for first-degree murder, he was found guilty by a jury of murder in the second degree, and sentenced to prison for the mandatory minimum term of 20 years to life. The conviction was affirmed by the New York Appellate Division, First Department, on March...
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