UNITED STATES v. FAY

No. 41, Docket 30165.

370 F.2d 547 (1966)

UNITED STATES of America ex rel. John F. McBRIDE, Appellant, v. Hon. Edward M. FAY, as Warden of Green Haven Prison, Stormville, New York, Appellee.

United States Court of Appeals Second Circuit.

Decided December 27, 1966.


Attorney(s) appearing for the Case

Robert I. Fisher, New York City (Anthony F. Marra, New York City, on the brief), for appellant.

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

Before WATERMAN, MOORE and ANDERSON, Circuit Judges.


PER CURIAM:

Petitioner, together with two co-defendants, was convicted of robbery in the first degree in the County Court for Suffolk County, New York in 1957. During the trial, a confession of one of petitioner's co-defendants, inculpating petitioner, was admitted in evidence, but the jury was instructed that the statement could not be used against McBride. Also during the court's charge the jury was told on several occasions that the co-defendant's confession could...

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