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UNITED STATES v. DENNO

159 F.Supp. 486 (1958)

UNITED STATES ex rel. Angelo John LA MARCA, Petitioner, v. Wilfred L. DENNO, Warden of Sing Sing Prison, Respondent.

United States District Court S. D. New York.

February 21, 1958.

Attorney(s) appearing for the Case

David M. Markowitz, New York City, Ralph Cohen, Rockaway Beach, N. Y., of counsel, for petitioner.

Frank A. Gulotta, Dist. Atty. of Nassau County, Henry P. De Vine, Asst. Dist. Atty., Mineola, N. Y., of counsel, for respondent.

DIMOCK, District Judge.

Petitioner has obtained an order that respondent show cause why a writ of habeas corpus should not issue. Petitioner is under sentence to be executed during the week of February 24, 1958, after conviction, on December 7, 1956, in the County Court, Nassau County, New York, of kidnaping and murder in the first degree.

Petitioner seeks his release on the ground that the popular feeling against him in Nassau County deprived him of his right...

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