UNITED STATES v. DENNO

No. 21, Docket 28157.

324 F.2d 46 (1963)

UNITED STATES of America ex rel. Harry Carson McNERLIN, Relator-Appellant, v. Wilfred L. DENNO, Warden of Sing Sing Prison, Ossining, New York, Respondent.

United States Court of Appeals Second Circuit.

Decided November 6, 1963.


Attorney(s) appearing for the Case

David M. Dorsen, New York City, for petitioner-appellant.

Ronald J. Offenkrantz, Deputy Asst. Atty. Gen. of State of New York (Louis J. Lefkowitz, Atty. Gen., and Irving Galt, Asst. Solicitor Gen., on the brief), for respondent.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.


J. JOSEPH SMITH, Circuit Judge.

Relator was convicted on trial to the jury in the New York State Courts of murder in the first degree for shooting a close friend in resentment at the friend's advice to stop annoying some girls with requests to dance in a tavern. Sentence of execution was later commuted to life imprisonment. The conviction was affirmed on appeal, People of State of New York v. McNerlin, 11 N.Y.2d 738, 226 N.Y.S.2d...

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