UNITED STATES v. MURPHY

No. 302, Docket 24361.

246 F.2d 871 (1957)

UNITED STATES of America ex rel. George ALVAREZ, Petitioner-Appellant, v. Robert MURPHY, Warden of Auburn Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 9, 1957.


Attorney(s) appearing for the Case

Paul Weiss, Rifkind, Wharton & Garrison, New York City (Richard H. Paul, New York City, of counsel), for appellant.

Daniel V. Sullivan, Dist. Atty., Bronx County, N. Y., New York City (Walter E. Dillon and Irving Anolik, Asst. Dist. Attys., New York City, of counsel); Louis J. Lefkowitz, Atty. Gen., State of New York (James O. Moore, Jr., Sol. Gen., State of New York, Albany, N. Y., Michael Freyberg, Deputy Asst. Atty. Gen., State of New York, of counsel), for appellee.

Before CLARK, Chief Judge, LUMBARD, Circuit Judge, and LEIBELL, District Judge.


LUMBARD, Circuit Judge.

This is an appeal from an order of Judge Brennan, Northern District of New York, denying without a hearing, the appellant's petition for a writ of habeas corpus which was sought on the ground that his conviction for robbery by the use of a coerced confession violated the due process requirement of the Fourteenth Amendment.

Alvarez is a prisoner at Auburn State Prison at Auburn, New York. On January 12, 1951 he was convicted in the County...

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