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UNITED STATES v. WARDEN OF AUBURN STATE PRISON

No. 65-CV-406.

255 F.Supp. 516 (1965)

The UNITED STATES of America ex rel., James ROGERS, Petitioner, v. WARDEN OF AUBURN STATE PRISON, Auburn, NEW YORK, Respondent.

United States District Court N. D. New York.

November 4, 1965.

Attorney(s) appearing for the Case

Frances Kahn, New York City, for petitioner.

Memorandum-Decision and Order

PORT, District Judge.

A ten count indictment was returned by the Grand Jury of Kings County on February 11, 1963 charging the petitioner with six counts of assault second degree, three counts of assault third degree, and the tenth count charged possession of a revolver in violation of Section 1897 of the Penal Law, McKinney's Consol. Laws, c. 40 of the State of New York as a felony. After the denial of a motion to controvert...

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