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COOPER v. DENNO

129 F.Supp. 123 (1955)

Calman COOPER, Nathan Wissner and Harry A. Stein, Petitioners, v. Wilfred L. DENNO, Warden of Sing Sing Prison, Ossining, New York, Respondent.

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

January 17, 1955.

Attorney(s) appearing for the Case

Nathan Kestnbaum, New York City, for petitioners.

Jacob Javits, Atty. Gen. of the State of New York, Joseph F. Gagliardi, Dist. Atty. of Westchester County, White Plains, N. Y., Vincent Marsicano, Asst. Atty. Gen., John J. O'Brien Asst. Dist. Atty. of Westchester County, White Plains, N. Y., of counsel, for respondent.

IRVING R. KAUFMAN, District Judge.

This petition for habeas corpus has been filed by Calman Cooper, Nathan Wissner and Harry A. Stein, who are presently confined in a New York State prison awaiting execution under sentences of death. This Court ordered a stay of execution pending the determination of this proceeding in order to enable it to study the record presented and the points urged.

The facts surrounding the crime for which the petitioners are presently...

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