UNITED STATES EX REL. EPTON v. NENNA

No. 459, Docket 35559.

446 F.2d 363 (1971)

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

United States Court of Appeals, Second Circuit.

Decided June 30, 1971.


Attorney(s) appearing for the Case

Eleanor Jackson Piel, New York City (Melvin L. Wulf, American Civil Liberties Union, Paul Chevigny, New York Civil Liberties Union, New York City, on the brief), for petitioner-appellant.

David Otis Fuller, Jr., Asst. Dist. Atty. (Frank S. Hogan, Dist. Atty., New York County, Michael R. Juviler, Asst. Dist. Atty., on the brief), for respondent-appellee.

Before LUMBARD and FEINBERG, Circuit Judges, and CLARIE, District Judge.


FEINBERG, Circuit Judge:

William Epton appeals from an order of the United States District Court for the Southern District of New York, Marvin E. Frankel, J., denying his petition for a writ of habeas corpus. After a jury trial in the New York State courts, petitioner was convicted in 1966 of criminal anarchy, former N.Y.Pen. Law §§ 160, 161,1 conspiracy to advocate criminal anarchy, former N.Y.Pen.Law §§ 160, 161,...

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