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UNITED STATES v. McNEILL

No. 304, Docket 26731.

294 F.2d 117 (1961)

UNITED STATES of America ex rel. John J. CARROLL, Appellant-Petitioner, v. John F. McNEILL, Supt. of Matteawan State Hospital, Appellee-Respondent.

United States Court of Appeals Second Circuit.

Decided July 26, 1961.

Attorney(s) appearing for the Case

Melvin L. Wulf, New York City (Marvin M. Karpatkin, New York City, of counsel), for appellant-petitioner.

Louis J. Lefkowitz, Atty. Gen. of the State of New York (Isadore Siegel, Asst. Atty. Gen., of counsel), for appellee-respondent.

David N. Fields, New York City, amicus curiae, Association for Improvement of Mental Health, Inc.

Before LUMBARD, Chief Judge, and MAGRUDER and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

From September 26, 1950 to date the appellant, John Carroll, has been held in custody in Matteawan State Hospital (Matteawan), a New York State "hospital for insane criminals"1 located within the Southern District of New York.

Appellant applied to the United States District Court for the Southern District of New York for the issuance of a writ of habeas corpus...

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