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UNITED STATES v. WILKINS

No. 459, Docket 28154.

336 F.2d 509 (1964)

UNITED STATES ex rel. Theodore R. KRZYWOSZ, Relator-Appellant, v. Walter H. WILKINS, as Warden of Attica State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided September 14, 1964.

Attorney(s) appearing for the Case

Anthony F. Marra, New York City (Angelos N. Russos, Daniel J. Dougherty, of Kirlin, Campbell & Keating, New York City, of counsel), for relator-appellant.

Louis J. Lefkowitz, Atty. Gen., of New York (Samuel A. Hirshowitz, First Asst. Atty. Gen., Barry Mahoney, Deputy Asst. Atty. Gen., of counsel), for appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

WATERMAN, Circuit Judge.

This is an appeal by an incarcerated New York state prisoner from a decision and order of the United States District Court for the Western District of New York, denying appellant's application for a writ of habeas corpus. Appellant, who had been arraigned in 1956 on a twelve count indictment which contained eight counts charging forgery, second degree, two counts charging petit larceny, and two counts charging grand larceny, second degree...

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