OPINION
SWEET, District Judge.
Petitioner Robert Carter ("Carter") seeks a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, to set aside a judgment of conviction upon charges of murder in the second degree, assault in the first degree and possession of a weapon as a felony, entered by Honorable William Kapelman, after a jury trial on March 4-15, 1974. There being no factual issue presented, a hearing on the petition was held on December 4, 1981...
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