UNITED STATES v. McMANN

No. 132, Docket 25234.

263 F.2d 940 (1959)

UNITED STATES of America ex rel. Robert R. HYDE, Petitioner-Appellant, v. Daniel McMANN, Acting Warden, Clinton Prison and People of State of New York, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided February 19, 1959.


Attorney(s) appearing for the Case

Edward A. Woolley, New York City, for petitioner-appellant.

George K. Bernstein, Asst. Atty. Gen. of State of New York (Paxton Blair, Sol. Gen., Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, Asst. Sol. Gen., New York City, on the brief), for respondents-appellees.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.


LUMBARD, Circuit Judge.

This is an appeal in forma pauperis from a denial of a writ of habeas corpus by the district court without a hearing. The principal issue is whether the state so improperly interfered with the petitioner's preparation of his defense by confining him to prison without bail, and in default of his posting bail, that his conviction was obtained contrary to due process of law in violation of his...

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