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UNITED STATES v. HEROLD

No. 537, Docket 29203.

349 F.2d 372 (1965)

UNITED STATES of America ex rel. Granville BOODIE, Relator-Appellant, v. Ross E. HEROLD, Director, Dannemora State Hospital, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided August 6, 1965.

Attorney(s) appearing for the Case

Lois P. Sheinfeld, New York City (Anthony F. Marra, New York City, on the brief), for relator-appellant.

Brenda Soloff, Deputy Asst. Atty. Gen., of New York, New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., and Barry Mahoney, Asst. Atty. Gen., on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and HAYS and ANDERSON, Circuit Judges.

LUMBARD, Chief Judge:

Granville Boodie appeals from the denial of his petition for a writ of habeas corpus wherein he challenges his 1960 New York state conviction for manslaughter. The petition was denied without a hearing by Judge Cannella in the United States District Court for the Southern District of New York, who found no violation of constitutional rights. At the same time the district judge granted a certificate of probable cause (28 U.S.C. § 2253) and...

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