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UNITED STATES v. WILKINS

No. 341, Docket 25691.

281 F.2d 707 (1960)

UNITED STATES of America ex rel. Jacob WISSENFELD, Relator-Appellant, v. Walter H. WILKINS, Warden, Attica State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided August 3, 1960.

Attorney(s) appearing for the Case

Richard W. Hulbert, New York City (Anthony F. Marra, New York City, on the brief), for relator-appellant.

Frederick E. Weeks, Jr., Asst. Atty. Gen. of New York (Louis J. Lefkowitz, Atty. Gen. of New York and Irving Galt, Asst. Sol. Gen. of New York, New York City, on the brief), for respondent-appellee.

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

LUMBARD, Chief Judge.

This is an appeal by the relator, Jacob Wissenfeld, from the dismissal of his petition for a writ of habeas corpus to obtain his release from New York's Dannemora State Hospital.1 Wissenfeld is confined there under sentence of 13½ to 20 years imprisonment2 as a third felony offender after his plea of guilty in October 1953 to a charge of burglary in the third degree.

Relator...

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