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UNITED STATES v. DEEGAN

No. 66 Civ. 1114.

268 F.Supp. 580 (1967)

UNITED STATES of America ex rel. Warren HILL, Relator, v. John T. DEEGAN, Warden of Sing Sing Prison, County of Westchester, State of New York, Respondent.

United States District Court S. D. New York.

April 19, 1967.

Attorney(s) appearing for the Case

Jay H. Topkis, New York City, for petitioner.

Alan F. Scribner, Asst. Dist. Atty. (Frank S. Hogan, Dist. Atty., and H. Richard Uviller, Asst. Dist. Atty., New York City, with him on the brief), for respondent.

OPINION

FRANKEL, District Judge.

On the afternoon of May 17, 1961, in the course of an armed hold-up on a New York City street, the driver of a United Parcel Service truck was shot to death. The petitioner, Warren (also known as Eddie) Hill, along with three others— Lonergan, Catanzaro and McChesney— was indicted for murder in the first degree. The trial of Lonergan, himself a United Parcel driver, was severed, and he testified to his role...

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