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UNITED STATES v. DENNO

No. 387, Docket 27584.

313 F.2d 364 (1963)

UNITED STATES of America ex rel. Francis Henry BLOETH, Relator-Appellant, v. Wilfred DENNO, as Warden of Sing Sing State Prison, Ossining, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Submitted December 5, 1962.

Decided January 25, 1963.

Certiorari Denied April 22, 1963.

Attorney(s) appearing for the Case

Leon B. Polsky, Legal Aid Society, New York City (Anthony F. Marra, New York City, on the brief), for relator-appellant.

Irving L. Rollins, Asst. Atty. Gen. of the State of New York (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), and Charles T. Matthews, Asst. Dist. Atty. of Suffolk County, N. Y. (Bernard C. Smith, Dist. Atty. of Suffolk County, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges.

Argued June 15, 1962 to a Panel.

Submitted to the In Banc Court December 5, 1962.

Certiorari Denied April 22, 1963. See 83 S.Ct. 1112.

SMITH, Circuit Judge, with whom CLARK, WATERMAN, KAUFMAN, HAYS and MARSHALL, Circuit Judges, concur.

Appellant, convicted of murder in the first degree in the County Court for the County of Suffolk, New York, and sentenced on May 18, 1960 to be executed, judgment affirmed by the New York Court of Appeals March...

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