District Court, W.D. New York October 10, 1973, No. Civ. 1971-171 (United States ex rel. Horton v. Mancusi)

CURTIN, District Judge.

This petition for a writ of habeas corpus presents a question relating to the duty of the government to disclose evidence to the defendant in a criminal trial.

In 1954 in Chemung County Court, petitioner Norman Horton was convicted of murder in the first degree and sentenced to death, a sentence later commuted to life imprisonment. In 1967, after the decisions in Jackson v.