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UNITED STATES v. MARTIN

No. 177.

141 F.2d 300 (1944)

UNITED STATES ex rel. RAY v. MARTIN, Warden.

Circuit Court of Appeals, Second Circuit.

January 28, 1944.

Attorney(s) appearing for the Case

Thomas J. McKenna, of Buffalo, N. Y. (James B. McKenna and Benjamin Galperin, both of Buffalo, N. Y., of counsel), for relator-appellant.

George L. Grobe, of Buffalo, N. Y. (R. Norman Kirchgraber, of Buffalo, N. Y., of counsel).

Nathaniel L. Goldstein, Atty. Gen., Wortley B. Paul and Henry S. Manley, Asst. Attys. Gen., and Beverly S. Galloway, of Olean, N. Y., for respondent-appellee.

Before SWAN, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

Relator-appellant was convicted and sentenced in the Supreme Court of Cattaraugus County, New York, to life imprisonment for murder of a man, in the City of Salamanca, New York, which lies within the Allegany Indian Reservation, all the land within the City of Salamanca being leased from the Seneca Nation. Relator-appellant is not an Indian, nor was the murdered man. The conviction was affirmed in the Appellate Division of the New York Supreme...

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