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UNITED STATES EX REL. ROTH v. ZELKER

No. 451, Docket 71-1889.

455 F.2d 1105 (1972)

UNITED STATES ex rel. Jerry ROTH, Petitioner-Appellant, v. John L. ZELKER, Superintendent, Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 15, 1972.

Attorney(s) appearing for the Case

Allan M. Pepper, New York City, for petitioner-appellant.

Mortimer Sattler, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., State of New York, of counsel), for respondent-appellee.

Before SMITH, FEINBERG and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, denying relator's petition for a writ of habeas corpus.

We affirm.

The petitioner-appellant, Jerry Roth was convicted of the felony murder (homicide in the course of an attempted rape) of a ten year old girl in Bronx County, New York. Roth was apprehended on November 24, 1958, a few hours after the commission of the crime...

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