UNITED STATES v. MURPHY


207 F.2d 885 (1953)

UNITED STATES ex rel. FARNSWORTH v. MURPHY, Warden.

United States Court of Appeals Second Circuit.

Decided November 13, 1953.


Attorney(s) appearing for the Case

James Farnsworth, per se, on written papers.

Vincent A. Marsicano, New York City, for the appellee.

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


L. HAND, Circuit Judge.

This is a motion by the relator, Farnsworth, for leave to proceed in forma pauperis, and for the appointment of an attorney, upon an appeal from an order of Judge Brennan, denying his petition for a writ of habeas corpus, but granting a certificate of probable cause. The facts set out in the petition were as follows. Farnsworth is imprisoned in a New York State Prison at Auburn, upon a conviction in a New York court, entered on the 16th...

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