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UNITED STATES v. GILLIGAN

No. 318, Docket 30232.

363 F.2d 961 (1966)

UNITED STATES of America ex rel. CODARRE, Petitioner-Appellant, v. GILLIGAN, Acting Warden of Green Haven Prison, Stormville, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided June 28, 1966.

Attorney(s) appearing for the Case

O. John Rogge, New York City (Melvin L. Wulf, Legal Director of American Civil Liberties Union, New York City, of counsel), for appellant.

Iris A. Steel, Deputy Asst. Atty. Gen. of New York (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for appellee.

Before FRIENDLY and HAYS, Circuit Judges, and CLARIE, District Judge.

HAYS, Circuit Judge:

On November 15, 1943 appellant Codarre, then thirteen years old, was placed on trial in the County Court of Dutchess County, New York, for the crime of murder in the first degree, a charge at that time carrying the possibility on conviction of imposition of the death penalty.1 Codarre entered a plea of not guilty by reason of insanity. One Dr. Banay, a psychiatrist who had...

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