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UNITED STATES v. MURPHY

No. 191, Docket 24513.

254 F.2d 438 (1958)

The UNITED STATES of America, ex rel. James FARNSWORTH, Relator-Appellant, v. Robert E. MURPHY, Warden of Auburn State Prison and The People of the State of New York, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided April 15, 1958.

Attorney(s) appearing for the Case

Nicholas John Stathis, New York City, for relator-appellant.

George K. Bernstein, Deputy Asst. Atty. Gen., of the State of New York (Louis J. Lefkowitz, Atty. Gen., of the State of New York, John R. Davison, Sol. Gen., Albany, N. Y., Samuel A. Hirshowitz, First Asst. Atty. Gen., Raymond B. Madden, Asst. Atty. Gen., and Allan N. Smiley, Deputy Asst. Atty., Gen., of counsel on the brief), for respondents-appellees.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.

LUMBARD, Circuit Judge.

Farnsworth appeals from an order of Judge Brennan, Northern District of New York, denying, without a hearing, his petition for a writ of habeas corpus on the ground that it failed to allege an exhaustion of state remedies or a substantial federal question. The case is before us by virtue of Judge Brennan's issuance of a certificate of probable cause, 28 U.S.C.A. § 2253.

The petitioner...

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