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UNITED STATES v. DENNO

214 F.Supp. 480 (1963)

UNITED STATES of America ex rel. Harry Carson McNERLIN, Petitioner, v. Hon. Wilfred L. DENNO, as Warden of Sing Sing Prison, Respondent.

United States District Court S. D. New York.

February 27, 1963.

Attorney(s) appearing for the Case

Irving Younger, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondent. Ronald J. Offenkrantz, Deputy Asst. Atty. Gen., of counsel.

WEINFELD, District Judge.

Petitioner applies for the issuance of a writ of habeas corpus to obtain his discharge from State custody. He was found guilty by a jury of murder in the first degree in the County Court, Queens County, State of New York. He was sentenced to death on March 24, 1961. The judgment of conviction was affirmed without opinion by the New York State Court of Appeals on February 22, 1962.1 Thereafter that Court's mandate...

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