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UNITED STATES v. JACKSON

No. 125, Docket 24749.

250 F.2d 349 (1957)

UNITED STATES ex rel. James J. Savini, Petitioner-Appellee, v. J. Vernal JACKSON, Warden, Clinton Prison, Dannemora, N. Y., Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided November 29, 1957.

Attorney(s) appearing for the Case

Michael Freyberg, Asst. Atty. Gen., State of New York (Louis J. Lefkowitz, Atty. Gen. of the State of New York, John R. Davison, Sol. Gen., Albany, N. Y., Raymond B. Madden, Asst. Atty. Gen., and Allan N. Smiley, Deputy Asst. Atty. Gen., on the brief), for respondent-appellant.

Louis Lauer, New York City, for petitioner-appellee.

Before MEDINA, HINCKS and WATERMAN, Circuit Judges.

HINCKS, Circuit Judge.

This is an appeal from an order of Judge Brennan in the United States District Court for the Northern District of New York, sustaining, after hearing, a writ of habeas corpus which had issued on the petition of James J. Savini, an inmate of a New York State prison where he was confined by a judgment of conviction in 1954 in the County Court of Queens County, New York, on his plea of guilty to a felony charge of robbery, second degree...

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