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MALINSKI v. NEW YORK

No. 367.

324 U.S. 401 (1945)

MALINSKI ET AL. v. NEW YORK.

Supreme Court of United States.

Decided March 26, 1945.

Attorney(s) appearing for the Case

Messrs. John J. Fitzgerald and David F. Price, with whom Mr. Joseph A. Solovei was on the brief, for petitioners.

Mr. Solomon A. Klein, with whom Messrs. Thomas Cradock Hughes and Henry J. Walsh were on the brief, for respondent.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Malinski and Rudish were convicted along with one Indovino of the murder of Leon Fox, a police officer who, late at night, was escorting a manager of a theatre to a bank depository. The details will be found in 292 N.Y. 360. There were no eye witnesses to the crime who could identify the robbers. Malinski was implicated by various witnesses — by Spielfogel, an old friend and a criminal serving a sentence...

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