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UNITED STATES v. MURPHY

No. 251, Docket 23492.

222 F.2d 698 (1955)

UNITED STATES ex rel. Santo CAMINITO, Relator-Appellant, v. Robert E. MURPHY, as Warden of Auburn Prison, State of New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 11, 1955.

Attorney(s) appearing for the Case

Kaufman & Edelbaum, New York City (Maurice Edelbaum, New York City, and Stanley L. Gluck, Brooklyn, N. Y., of counsel), for relator.

Edward S. Silver, Dist. Atty., Kings County, N. Y., Brooklyn, N. Y., and Jacob Javits, Atty. Gen. of New York (William I. Siegel, Brooklyn, N. Y., of counsel), for respondent.

Before CLARK, Chief Judge, and FRANK and HASTIE, Circuit Judges.

FRANK, Circuit Judge.

The sole evidence of Caminito's guilt consisted of his signed pre-trial confessions. At the trial, his counsel timely objected to their admission, and moved to strike them on the ground that they had been unconstitutionally procured; he also moved to dismiss the indictment on the ground that the State had not proved Caminito guilty. Caminito testified that the police had coerced the confessions. The trial judge left to the jury the question whether...

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