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UNITED STATES v. FOLLETTE

No. 66 Civ. 4166.

268 F.Supp. 751 (1967)

UNITED STATES of America ex rel. Preston SMITH, Petitioner, v. Hon. Harold W. FOLLETTE, Warden of Green Haven State Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

May 29, 1967.

Attorney(s) appearing for the Case

Preston Smith, pro se.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for respondent; Michael H. Rauch, Asst. Atty. Gen., of counsel.

OPINION

WEINFELD, District Judge.

Petitioner was convicted after a jury trial of rape, attempted robbery and carrying and using dangerous weapons. He was sentenced on May 20, 1964,1 prior to the decisions of the Supreme Court of the United States in Jackson v. Denno2 and Escobedo v. State of Illinois.3 Upon his trial, after he had objected to the introduction in evidence...

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