UNITED STATES v. SNYDER

No. 147, Docket 20432.

160 F.2d 351 (1947)

UNITED STATES ex rel. MARSHALL v. SNYDER, Warden.

Circuit Court of Appeals, Second Circuit.

February 25, 1947.


Attorney(s) appearing for the Case

Jonathan B. Bingham, of New York City, and Julia Marshall, for Hackett Marshall, relator-appellant, in person.

Nathaniel L. Goldstein, Atty. Gen. of New York (Wendell P. Brown, Sol. Gen., of Albany, N. Y., and Philip Kahaner, Asst. Atty. Gen., of counsel), for William E. Snyder, Warden, respondent-appellee.

Before L. HAND, AUGUSTUS N. HAND, and FRANK, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

The relator Marshall, who is a Negro, was convicted in the Court of General Sessions, New York County, of the crime of assault in the second degree. He was sentenced on December 7, 1938 to serve a minimum of five years, and a maximum of ten years in Sing Sing Prison.

In 1944 the relator obtained a writ of habeas corpus from the Supreme Court of the State of New York in which he sought his release from prison on the ground that...

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