UNITED STATES v. WALLACK

No. 280, Docket 30009.

359 F.2d 767 (1966)

UNITED STATES of America ex rel. Willie FERNANDERS, Petitioner-Appellant, v. Hon. Walter M. WALLACK, as Warden of Wallkill State Prison, Wallkill, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 5, 1966.


Attorney(s) appearing for the Case

Donald I. Strauber, New York City (Anthony F. Marra, Legal Aid Society, New York City, Christopher D. Stone, Los Angeles, Cal., on the brief), for petitioner-appellant.

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

Before WATERMAN, MOORE and FEINBERG, Circuit Judges.


PER CURIAM:

Appellant Willie Fernanders was convicted of robbery and related offenses in a state court. He appeals from denial of his petition for a writ of habeas corpus,1 which was based upon an incident that occurred at his trial in 1962. In the prosecutor's opening statement to the jury of proof he intended to offer, he referred to a question and answer statement taken from appellant and two of the admissions contained therein. During...

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