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UNITED STATES v. MARTIN

No. 346, Docket 25446.

267 F.2d 817 (1959)

UNITED STATES of America ex rel. Robert FISH, Petitioner-Appellant, v. Walter B. MARTIN, Warden of Attica Prison, Attica, New York and The People of the State of New York, Appellees.

United States Court of Appeals Second Circuit.

Decided June 25, 1959.

Attorney(s) appearing for the Case

Ann Thacher Clarke, New York City (Florence M. Kelley, New York City, on the brief), for appellant.

George K. Bernstein, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Irving Galt, Asst. Sol. Gen., and Michael Freyberg, Asst. Atty. Gen.), for appellees.

Before HINCKS and MOORE, Circuit Judges, and SMITH, District Judge.

PER CURIAM.

Fish was convicted, in 1945, upon a plea of guilty, of murder in the second degree in the County Court, Queens County, in New York state. In 1957, he petitioned the County Court, Wyoming County, for a writ of habeas corpus, claiming for the first time that a confession had been obtained from him by coercion. The claim had not been raised in prior coram nobis proceedings. The writ was denied, upon the ground that habeas corpus was not...

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