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UNITED STATES EX REL. EPTON v. NENNA

No. 279, Docket 30228.

355 F.2d 14 (1966)

UNITED STATES of America ex rel. William EPTON, Petitioner-Appellant, v. Albert NENNA, Warden, Manhattan House of Detention for Men, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided January 11, 1966.

Attorney(s) appearing for the Case

Joseph A. Phillips, Asst. Dist. Atty., New York County, N. Y., for respondent-appellee.

Eleanor Jackson Piel, of Donner & Piel, New York City (Sanford M. Katz, New York City, on the brief), for petitioner-appellant.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

PER CURIAM.

Petitioner was convicted on December 20, 1965, after a trial before Mr. Justice Markewitch and a jury in the New York Supreme Court of conspiracy to riot, conspiracy to commit anarchy and anarchy. Bail was denied by the Justice; sentence was set for January 27, 1966. Petitioner has concededly made no effort to seek relief from this denial in the State courts. Instead an application was made for a writ of habeas corpus to a judge of the United States District...

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