UNITED STATES EX REL. KALAN v. MARTIN

No. 256, Docket 22673.

205 F.2d 514 (1953)

UNITED STATES ex rel. KALAN v. MARTIN, Warden.

United States Court of Appeals Second Circuit.

Decided June 23, 1953.


Attorney(s) appearing for the Case

Bert E. Kalan, relator-appellant, per se.

Nathaniel L. Goldstein, Atty. Gen., of New York, for respondent. Wendell P. Brown, Sol. Gen., Albany, Samuel A. Hirshowitz, and Vincent A. Marsicano, Asst. Attys. Gen., of counsel.

Before CHASE, CLARK and FRANK, Circuit Judges.


PER CURIAM.

The relator-appellant was found guilty by a jury of the crime of grand larceny, second degree, in the County Court of Queens County, New York, and was sentenced to a term of from five to ten years imprisonment in the Attica Prison at Attica, New York, which he is presently serving.

The basis of his petition for this writ is his contention that his acquittal on one count of the indictment charging the issuance of a post-dated check prevented his...

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