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UNITED STATES v. JACKSON

No. 194, Docket 23823.

234 F.2d 742 (1956)

UNITED STATES of America ex rel. Oliver S. SMITH, Petitioner-Appellant, v. J. Vernal JACKSON, Warden of Clinton Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 22, 1956.

Rehearing Denied June 28, 1956.

Attorney(s) appearing for the Case

Lloyd F. MacMahon, New York City (William G. Kaelin and Kramer, Marx, Greenlee, Backus & MacMahon, New York City, of counsel, on the brief), for Oliver S. Smith.

Jacob K. Javits, Atty. Gen., of the State of New York (James O. Moore, Jr., Sol. Gen., Albany, N. Y., Samuel A. Hirshowitz, Asst. Atty. Gen., and Michael Freyberg, Deputy Asst. Atty. Gen., of counsel, on the brief), for respondent-appellee.

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

LUMBARD, Circuit Judge.

Oliver Smith's petition raises the question whether, while imprisoned by the State of New York as a second felony offender, he is entitled to a federal court hearing on serious charges that his first felony conviction in Virginia was obtained in violation of his constitutional rights, although he escaped and became a fugitive from Virginia justice shortly after conviction and Virginia will not listen to him until he is able to appear there...

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