UNITED STATES v. WILKINS

No. 335, Docket 26081.

280 F.2d 95 (1960)

UNITED STATES of America ex rel. Charles WILLIAMS, Relator-Appellant, v. Walter H. WILKINS, Warden, Attica Prison, and The People of the State of New York, Appellees.

United States Court of Appeals Second Circuit.

Decided June 7, 1960.


Attorney(s) appearing for the Case

Charles Williams, pro se.

George K. Bernstein, Asst. Atty. Gen. of the State of New York, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, Paxton Blair, Sol. Gen., Albany, N. Y., and Irving Galt, Asst. to Sol. Gen., New York City, on the brief), for appellees.

Before CLARK, MOORE, and FRIENDLY, Circuit Judges.


PER CURIAM.

The relator-appellant attacks his state conviction as a second felony offender in 1942, because the indictment alleged his prior conviction and it was thus brought to the attention of the jury to his asserted prejudice. He did not appeal his conviction, but in 1948, and again in 1951, he sought relief in a state county court by way of motions in the nature of coram nobis, and in 1959 by writ of habeas corpus...

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