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UNITED STATES v. WILKINS

Docket 27596.

303 F.2d 883 (1962)

UNITED STATES of America ex rel. John A. EASTERLING, Petitioner-Appellant, v. Walter H. WILKINS, Warden of Attica State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided June 5, 1962.

Attorney(s) appearing for the Case

John A. Easterling, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City (Vincent A. Marsicano, Asst. Atty. Gen.), for respondent-appellee.

Before LUMBARD, Chief Judge, and SMITH and MARSHALL, Circuit Judges.

LUMBARD, Chief Judge.

John Easterling seeks a certificate of probable cause, 28 U.S.C. § 2253, and leave to appeal in forma pauperis so that he may appeal the dismissal of a writ of habeas corpus by the United States District Court for the Western District of New York after a hearing at which he, without the assistance of counsel, was the sole witness. We grant the certificate and also leave to appeal in forma pauperis. We reverse the order of the...

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