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McCOWN v. CALLAHAN

No. 83-1376.

726 F.2d 1 (1984)

John R. McCOWN, Petitioner, Appellant, v. William CALLAHAN, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided January 27, 1984.

Attorney(s) appearing for the Case

Jeffrey M. Graeber, Boston, Mass., by appointment of the Court, with whom Green & Friedman was on brief, for petitioner, appellant.

Linda G. Katz, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Frederick W. Riley, Asst. Atty. Gen., Chief, Crim. Bureau, and Barbara A.H. Smith, Asst. Atty. Gen., Chief, Crim. Appellate Div., Boston, Mass., were on brief, for respondents, appellees.

Before COFFIN, Circuit Judge, ROSENN, Senior Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

Petitioner, John McCown, and his mother, Mamie Ann Best, were convicted of the murder in Massachusetts of Fayne Adams, Best's husband and McCown's stepfather. The prosecution claimed that Best and McCown committed the murder to obtain insurance proceeds. Key evidence against McCown consisted of his own statements — some of which he made when questioned by a Massachusetts policeman in South Carolina some months after the murder and others...

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