MEMORANDUM AND ORDER
WEINSTEIN, District Judge:
Petitioner was found guilty of strangling a woman after breaking into her apartment. The evidence consisted of what were said to be three of his fingerprints at the scene and testimony that he had been observed near the apartment about the time of the crime.
The first trial resulted in a hung jury. At the second, the judge three times instructed the jury that if it had a reasonable doubt to a moral...
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