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UNITED STATES v. FAY

No. 397, Docket 27911.

323 F.2d 65 (1963)

UNITED STATES of America ex rel. Samuel Tito WILLIAMS, Appellant, v. Edwin M. FAY, Warden of Greenhaven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided October 4, 1963.

Attorney(s) appearing for the Case

Pasco M. Bowman, II, New York City, for appellant.

William I. Siegel, Asst. Dist. Atty. for Kings County, Brooklyn, N. Y. (Edward S. Silver, Dist. Atty. for Kings County, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and BRYAN, District Judge.

J. JOSEPH SMITH, Circuit Judge.

Relator was convicted of first degree murder in the County Court of Kings County on January 22, 1948. At his sentencing on March 2, 1948, the trial judge refused to follow the jury's recommendation that relator be sentenced to life imprisonment, and on the basis of certain ex parte information, sentenced him to death by electrocution. On direct appeal to the New York Court of Appeals, relator contended that the confessions he had made...

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