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UNITED STATES v. WILKINS

No. 306, Docket 26602.

292 F.2d 348 (1961)

UNITED STATES of America ex rel. Thomas G. DANIEL, Relator-Appellant, v. Walter H. WILKINS, Warden, Attica State Prison, and the People of the State of New York, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided July 3, 1961.

Attorney(s) appearing for the Case

Victor M. Earle, III, New York City (Anthony F. Marra, New York City, on the brief), for relator-appellant.

Norman Friedman, Asst. Atty. Gen. of the State of New York, New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Irving Galt, Asst. Sol. Gen., New York City, on the brief), for respondents-appellees.

Before LUMBARD, Chief Judge, CLARK, Circuit Judge, and STEEL, District Judge.

CLARK, Circuit Judge.

Thomas G. Daniel appeals from a judgment of the District Court for the Western District of New York dated October 18, 1960, denying his application for a writ of habeas corpus. For procuring or performing a fatal abortion, Daniel was convicted of manslaughter in the first degree, N.Y.Penal Law § 1050, following a trial by jury in the Court of General Sessions in New York County. He exhausted his state remedies,1

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