UNITED STATES v. MENSER

No. 327, Docket 30241.

360 F.2d 199 (1966)

UNITED STATES ex rel. James DeNEGRIS, Relator-Appellee, v. William N. MENSER, Sheriff, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided April 14, 1966.


Attorney(s) appearing for the Case

Alfonse C. Fasano, New Haven, Conn., for relator-appellee.

George R. Tiernan, State's Atty., New Haven, Conn., for respondent-appellant.

Before LUMBARD, Chief Judge, and WATERMAN and ANDERSON, Circuit Judges.


ANDERSON, Circuit Judge:

We affirmed in open court the order of the District Court for the District of Connecticut which granted the petition of James DeNegris for a writ of habeas corpus, on the ground that evidence admitted over his objection at the state court trial, in which he was convicted, had been obtained through the use of an unlawfully issued search warrant.

DeNegris was tried and convicted on March 5, 1964 in the Superior Court of the State of...

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