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UNITED STATES v. WILKINS

No. 199, Docket 30016.

367 F.2d 990 (1966)

UNITED STATES of America ex rel. Fred FLOYD, Petitioner-Appellee, v. Walter H. WILKINS, as Warden of Attica State Prison, Attica, New York, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided September 20, 1966.

Attorney(s) appearing for the Case

Benjamin H. Siff, New York City (Herbert H. Hirschhorn, New York City, on the brief), for petitioner-appellee.

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

Before MOORE, SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Respondent, Warden of Attica State Prison, appeals from an order and judgment of the United States District Court for the Western District of New York, Harold P. Burke, Chief Judge, sustaining a writ of habeas corpus by state prisoner, and directing new trial within a reasonable time. We find no error and affirm the judgment.

Petitioner was convicted in 1962 in Bronx County Court for the 1952 felony murder of Samuel Cohen, a...

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