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UNITED STATES v. DENNO

No. 439, Docket 28654.

339 F.2d 872 (1964)

UNITED STATES of America ex rel. Charles GLINTON, Relator-Appellant, v. Wilfred L. DENNO, as Warden of Sing Sing Prison, Ossining, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 4, 1964.

Attorney(s) appearing for the Case

Roger W. Langsdorf, New York City, for relator-appellant.

Michael Juviler, Asst. Dist. Atty., New York County, New York City (Frank S. Hogan, Dist. Atty., and H. Richard Uviller, Asst. Dist. Atty., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York dismissing a petition for a writ of habeas corpus, and vacating a previous order staying execution of petitioner's sentence of death.

After a jury, in the former Court of General Sessions of New York County, found him guilty of first degree murder, the relator, Glinton, was sentenced to death. The conviction was unanimously affirmed...

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