Alfred Dufresne v. John Moran

SWYGERT, Senior Circuit Judge.

This is an appeal from the grant of a petition for habeas corpus. We reverse.

I

Petitioner-appellee Alfred Dufresne was indicted on November 19, 1976 for murder in the first degree of his ex-wife, Sheila Dufresne. (Sheila was granted an interlocutory decree divorcing her from petitioner approximately one month before the incident.) The case proceeded to trial on April 6, 1977, and the State’s evidence unfolded as follows.

At approximately 8:40 a.m. on November 6, 1976, Dufresne appeared at the Providence Police Station and approached the desk sergeant on duty, John…