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UNITED STATES v. MURPHY

No. 224, Docket 25432.

265 F.2d 497 (1959)

UNITED STATES of America ex rel. George ALVAREZ, Relator-Appellant, v. Robert MURPHY, Warden of Auburn Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 2, 1959.

Attorney(s) appearing for the Case

Nathan Kestnbaum, New York City, for relator-appellant.

Irving Anolik, Asst. Dist. Atty., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Daniel V. Sullivan, Dist. Atty., Bronx County, New York City, Paxton Blair, Sol. Gen., Albany, N. Y., Michael Freyberg, Asst. Atty. Gen., New York City, and Walter E. Dillon, Asst. Dist. Atty., New York City, on the brief), for respondent-appellee.

Before CLARK, Chief Judge, MADDEN, Judge, United States Court of Claims, and HINCKS, Circuit Judge.

PER CURIAM.

Relator has asserted that his confession received in evidence against him at his trial in New York was obtained by the police severely beating him. On a previous appeal, United States ex rel. Alvarez v. Murphy, 2 Cir., 246 F.2d 871, we reversed an order summarily denying relator's petition and remanded the case for a hearing, because the petition alleged important evidence corroborating his claim which had not been presented...

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