UNITED STATES v. CUMMINGS

No. 73, Docket 24192.

237 F.2d 909 (1956)

UNITED STATES ex rel. Clement B. HARDRICK, Appellant, v. George A. CUMMINGS, Warden, Connecticut State Prison, Appellee.

United States Court of Appeals Second Circuit.

Decided October 25, 1956.


Attorney(s) appearing for the Case

Clement B. Hardrick, appellant-petitioner, in pro. per.

Albert S. Bill, State's Atty., Hartford, Conn. (Douglass B. Wright, Asst. State's Atty., Hartford, Conn., of counsel), for appellee.

Before FRANK, MEDINA and HINCKS, Circuit Judges.


PER CURIAM.

Judge Smith dismissed appellant's petition for a writ of habeas corpus in which appellant attacked the validity of his conviction in the state court of Connecticut pursuant to which he was sentenced on May 12, 1955. Judge Smith said: "It appears upon the face of the petition that three years has not run since the sentencing of petitioner. No application has been shown to have been made through the public defender for a new trial. State remedies have therefore...

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