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UNITED STATES v. WARDEN OF CLINTON PRISON

29 F.Supp. 486 (1939)

UNITED STATES ex rel. MURPHY v. WARDEN OF CLINTON PRISON.

District Court, N. D. New York.

September 14, 1939.

Attorney(s) appearing for the Case

Joseph G. M. Browne, of Brooklyn, N. Y., for relator.

John J. Bennett, Jr., Atty. Gen., of New York (Patrick H. Clune and Bernard L. Alderman, Asst. Attys. Gen., of counsel), for respondent.

COOPER, District Judge.

This is a writ of Habeas Corpus claimed to involve the constitutionality of Section 1897, Subdivision 1-a of the Penal Law of the State of New York, Consol.Laws, c. 40.

The relator was convicted in the Court of General Sessions, County of New York upon an indictment found by the Grand Jury for the County of New York, charging the relator and others with felonously possessing a machine gun in violation of the said section of the penal...

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