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UNITED STATES v. CUMMINGS

No. 237, Docket 23569.

233 F.2d 188 (1956)

UNITED STATES ex rel. Jesse EMBREE, Appellant, v. George A. CUMMINGS, Warden, Appellee.

United States Court of Appeals Second Circuit.

Decided May 7, 1956.

Attorney(s) appearing for the Case

Jerome E. Caplan and Robert Y. Pelgrift, Hartford, Conn., for appellant.

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

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.

LUMBARD, Circuit Judge.

The petitioner in this habeas corpus proceeding is a prisoner presently confined in the Connecticut State Prison. He pleaded guilty in 1952 to three counts of breaking and entering and larceny and was sentenced by the Superior Court for Hartford County as follows:

"that said Jesse R. Embree be imprisoned in the Connecticut State Prison during the period of not less than two (2) years and not more than three (3) years on the first count...

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