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UNITED STATES v. FAY

219 F.Supp. 779 (1963)

UNITED STATES of America ex rel. Curtis Orneal McKEITHAN, Relator, v. Edward M. FAY, Warden of Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

July 22, 1963.

Attorney(s) appearing for the Case

Curtis Orneal McKeithan, pro se.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, for respondent; Mortimer Sattler, Asst. Atty. Gen., of counsel.

FREDERICK van PELT BRYAN, District Judge.

Petitioner McKeithan brings this application for a writ of habeas corpus upon the ground that he was denied due process of law at his trial in the County Court for Nassau County because the prosecution introduced into evidence: (1) proof that petitioner had pleaded guilty to the indictment upon which he was being tried, which plea had been withdrawn some time before trial with the permission of the court, and (2) a book of...

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