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UNITED STATES v. FAY

No. 308, Docket 26557.

300 F.2d 345 (1962)

UNITED STATES of America ex rel. Charles NOIA, Relator-Appellant, v. Edwin M. FAY, as Warden of Greenhaven Prison, State of New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided February 7, 1962.

Certiorari Granted May 14, 1962.

Attorney(s) appearing for the Case

Edward S. Silver, Dist. Atty., Kings County, Brooklyn, N. Y. (William I. Siegel, Asst. Dist. Atty., Brooklyn, N. Y., of counsel), for appellee.

Edward Q. Carr, Jr., New York City, Legal Aid Society (Leon B. Polsky, appellate counsel), New York City, for appellant.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

Certiorari Granted May 14, 1962. See 82 S.Ct. 1140.

WATERMAN, Circuit Judge.

Relator, Charles Noia, and two others, Frank Bonino and Santo Caminito, were convicted twenty years ago under the laws of the State of New York for the crime of murder in the first degree upon an indictment alleging a felony murder in that they committed a homicide while engaged in an armed robbery. At trial the State offered nothing to connect any of the three with the crime except...

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