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UNITED STATES v. FOSTER

No. 232, Docket 21292.

175 F.2d 495 (1949)

UNITED STATES ex rel. MORRISON v. FOSTER.

United States Court of Appeals Second Circuit.

Decided June 16, 1949.

Attorney(s) appearing for the Case

Philip B. Kurland (Richard F. Wolfson, New York City, of counsel), for appellant.

Nathaniel L. Goldstein, Attorney General of the State of New York (Wendell P. Brown, Solicitor General, Albany, and Herman N. Harcourt and William S. Elder, Jr., Assistant Attorneys General, of counsel), for appellee.

Before SWAN, CLARK and FRANK, Circuit Judges.

SWAN, Circuit Judge.

By petition for a writ of habeas corpus the appellant sought release from confinement in the State Prison at Auburn, N. Y., where he is serving a sentence imposed by virtue of his conviction of first degree robbery, first degree grand larceny, and violation of Section 1897 of the New York Penal Law, McK.Consol.Laws, c. 40, carrying and using dangerous weapons, on verdict of a jury in the County Court for the County of Richmond. From the district...

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