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UNITED STATES v. MURPHY

No. 275, Docket 28213.

329 F.2d 68 (1964)

UNITED STATES ex rel. Charles EVERETT, Relator-Appellant, v. Robert E. MURPHY, Warden, Auburn State Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 19, 1964.

Certiorari Denied June 8, 1964.

Attorney(s) appearing for the Case

Edward E. Clark, New York City (Anthony F. Marra, New York City, on the brief), for relator-appellant.

Philip Weinberg, New York City (Louis J. Lefkowitz, Atty. Gen. of New York, and Irving Galt, Asst. Sol. General, on the brief), for respondent-appellee.

Before FRIENDLY, SMITH and HAYS, Circuit Judges.

Certiorari Denied June 8, 1964. See 84 S.Ct. 1648.

J. JOSEPH SMITH, Circuit Judge:

Petitioner appeals in forma pauperis from denial without hearing of his petition for writ of habeas corpus in the United States District Court for the Northern District of New York, Stephen W. Brennan, Judge. We conclude that petitioner's conviction in the New York State courts was obtained through use of a confession not voluntary...

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