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UNITED STATES v. McMANN

No. 107, Docket 27990.

348 F.2d 896 (1965)

UNITED STATES of America ex rel. Floyd Edgar MARTIN, Relator-Appellant, v. Daniel McMANN, Warden of Clinton Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Submitted May 26, 1965.

Decided July 23, 1965.

Attorney(s) appearing for the Case

Charles A. Goldstein, New York City (Strasser, Spiegelberg, Fried & Frank, New York City) (Anthony F. Marra, The Legal Aid Society, New York City), for relator-appellant.

Joel Lewittes, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of New York; Samuel A. Hirshowitz, First Asst. Atty. Gen., Michael H. Rauch, Deputy Asst. Atty. Gen., on the brief), for respondent-appellee.

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

Submitted to the in banc Court May 26, 1965.

PER CURIAM.

Martin's petition for habeas corpus alleges that the admission in evidence of two confessions, one taken after his arrest but before preliminary examination by a magistrate and the other after the examination, in his 1946 New York trial for first degree murder, violated his constitutional rights. When the case was last before us, 319 F.2d 897 (1963), we affirmed Judge...

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