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UNITED STATES v. MURPHY

No. 356, Docket 27990.

319 F.2d 897 (1963)

UNITED STATES of America ex rel. Floyd Edgar MARTIN, Relator-Appellant, v. Robert E. MURPHY, Warden of Auburn State Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 2, 1963.

Attorney(s) appearing for the Case

Charles A. Goldstein, Legal Aid Society, New York City (Anthony F. Marra, New York City, on the brief), for relator-appellant.

Sheldon Raab, Deputy Asst. Atty. Gen. of State of New York (Louis J. Lefkowitz, Atty. Gen., and Irving Galt, Asst. Sol. Gen., on the brief), for respondent-appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Relator was convicted of first-degree murder in 1946; the sentence was later commuted to life imprisonment. His conviction was affirmed without opinion by the New York Court of Appeals, People v. Martin, 296 N.Y. 982, 73 N.E.2d 563 (1947), rearg. denied, 7 N.Y.2d 941, 197 N.Y.S.2d 1029, 165 N.E.2d 585, motion to amend remittitur denied, 7 N.Y.2d 942, 197 N.Y.S.2d 1029, 165 N.E.2d 585, cert denied...

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