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UNITED STATES EX REL. EPTON v. NENNA

No. 68 Civ. 461.

318 F.Supp. 899 (1970)

UNITED STATES of America ex rel. William EPTON, Petitioner, v. Albert NENNA, Warden, Manhattan House of Detention for Men, Respondent.

United States District Court, S. D. New York.

October 5, 1970.

Attorney(s) appearing for the Case

Eleanor Jackson Piel, New York City, for petitioner.

Frank S. Hogan, Dist. Atty., New York City, for respondent; Michael R. Juviler, David Otis Fuller, Jr., New York City, of counsel.

FRANKEL, District Judge.

This habeas corpus proceeding comes on for decision after a long, unusual and, possibly, edifying procedural history.

The petitioner was indicted by a New York grand jury on June 7, 1965, upon charges of riot (former N.Y. Penal Law, McKinney's Consol. Laws c. 40, § 2090), conspiracy to commit riot (former N.Y. Penal Law §§ 2090, 580), criminal anarchy (former N.Y. Penal Law §§ 160, 161), and conspiracy to commit...

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