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UNITED STATES v. MURPHY

No. 193, Docket 25759.

277 F.2d 304 (1960)

UNITED STATES of America ex rel. George ALVAREZ, Petitioner-Appellant, v. Robert MURPHY, Warden of Auburn Prison, and The People of the State of New York, Respondents-Appellees.

United States Court of Appeals Second Circuit.

Decided April 13, 1960.

Attorney(s) appearing for the Case

Nathan Kestnbaum, New York City, for petitioner-appellant.

Irving Anolik, Asst. Dist. Atty., New York City, County of Bronx (Louis J. Lefkowitz, Atty. Gen., State of New York, Isidore Dollinger, New York City, Dist. Atty., County of Bronx, Michael Freyberg, Asst. Atty. Gen., State of New York, on the brief), for respondents-appellants.

Before LUMBARD, Chief Judge, and MOORE and FRIENDLY, Circuit Judges.

MOORE, Circuit Judge.

Relator appeals from a decision and order of the district court dated May 20, 1959 discharging a writ of habeas corpus. A brief résumé of the various court reviews of this case from conviction to date is desirable to provide a background for this decision.

In January 1951 relator was found to be guilty by a jury in Bronx County, New York, of the crimes of robbery first degree, assault...

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