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UNITED STATES EX REL. BUTLER v. THOMAS

No. 70 Civ. 4486.

319 F.Supp. 524 (1970)

UNITED STATES of America ex rel. John BUTLER, Petitioner, v. James A. THOMAS, Warden, Rikers Island Prison, Respondent.

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

November 30, 1970.

Attorney(s) appearing for the Case

John Butler, pro se.

J. Lee Rankin, Corp. Counsel of City of New York, by John S. Wellekens, New York City, for respondent.

CANNELLA, District Judge.

The petitioner's application for a writ of habeas corpus, made pursuant to 28 U.S.C. § 2241 et seq., is granted.

The petitioner alleges, and the court finds, that at the time of, and on several occasions subsequent to, his arraignment on a charge of possession of a dangerous drug, he requested a trial by jury.1 However, on June 17, 1970, the petitioner was tried in the Criminal Court of the...

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