UNITED STATES v. MARTIN

No. 116, Docket 23579.

228 F.2d 188 (1955)

UNITED STATES ex rel. Walter B. ATKINS, Relator-Appellant, v. Walter B. MARTIN, Warden of Attica State Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 22, 1955.


Attorney(s) appearing for the Case

Walter B. Atkins, pro se.

Jacob K. Javits, Atty. Gen., of the State of New York, for appellee. James O. Moore, Jr., Sol. Gen., Buffalo, N. Y., and Abe Wagman, Asst. Atty. Gen., of counsel.

Before SWAN, FRANK and LUMBARD, Circuit Judges.


PER CURIAM.

In 1939 the appellant pleaded guilty in a state court in Florida to a charge of "assault to commit manslaughter" and was sentenced to twelve months in the county jail. In 1947 he pleaded guilty in a state court in New York to a charge of second degree assault, and was sentenced as a second offender because of his prior conviction in Florida. He is at present serving the New York sentence in Attica State Prison.

In the court below the relator attacked...

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