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UNITED STATES EX REL. DAVIS v. FOLLETTE

No. 382, Docket 30856.

410 F.2d 1135 (1969)

UNITED STATES of America ex rel. Freddie Lee DAVIS, Petitioner-Appellant, v. Hon. Harold W. FOLLETTE, Warden of Greenhaven Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided March 24, 1969.

Attorney(s) appearing for the Case

Andrew D. Ball, New York City (Anthony F. Marra, New York City), for petitioner-appellant.

Hillel Hoffman, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Stephen Seligman, Deputy Asst. Atty. Gen., of Counsel), for respondent-appellee.

Before Mr. Justice CLARK, and WATERMAN and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge:

Freddie Lee Davis was convicted by a New York State court in 1962 of first-degree rape, second-degree assault, carnal abuse of a child, and endangering the life or health of a child in Newburgh, N. Y. On his appeal the Appellate Division for the Second Department directed the trial judge to hold a hearing, in accordance with Jackson v. Denno, 378 U.S. 368, 84 S.Ct...

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