UNITED STATES v. MARTIN

No. 75, Docket 21103.

172 F.2d 519 (1949)

UNITED STATES ex rel. CARR v. MARTIN.

United States Court of Appeals Second Circuit.

February 11, 1949.


Attorney(s) appearing for the Case

James J. Carr, pro se.

Nathaniel L. Goldstein, Atty. Gen., Wendell P. Brown, Solicitor General, of Albany, and Louis Winer, Asst. Atty. Gen., for appellee.

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


CHASE, Circuit Judge.

The relator-appellant has appealed from the denial of his petition of March 29, 1948 for a writ of habeas corpus to secure his release from the Attica State Prison at Attica, New York. He was there serving a sentence imposed by the Court of General Sessions, New York County on May 5, 1925. He had been once paroled and returned to prison and later paroled again on June 13, 1933. While at liberty on his second parole he was tried and convicted...

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