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SCHECHTMAN v. FOSTER

No. 132, Docket 21177.

172 F.2d 339 (1949)

SCHECHTMAN v. FOSTER, Warden.

United States Court of Appeals Second Circuit.

February 4, 1949.

Attorney(s) appearing for the Case

Henry Schechtman, of Auburn, pro se., for relator.

Miles F. McDonald, Dist. Atty., of Brooklyn, N. Y., and Aaron Nussbaum, of Brooklyn, N. Y., for respondent.

The relator filed a brief and reply brief pro se.

Aaron Nussbaum, as amicus for the State of New York.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.

L. HAND, Chief Judge.

The relator appeals from an order of the District Court, which dismissed his petition for a writ of habeas corpus to release him from custody under a conviction for robbery, first degree, in the County Court of Kings County, New York, on October 17, 1938. The petition was filed on July 9, 1948, and was based upon a single ground: that the conviction had been obtained upon perjured testimony which the prosecution knew to be such. The facts as...

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