UNITED STATES v. MURPHY

No. 59, Docket 29307.

351 F.2d 610 (1965)

UNITED STATES of America ex rel. Jerry MASON, Petitioner-Appellant, v. Robert E. MURPHY, as Warden of Auburn State Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided October 14, 1965.


Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, The Legal Aid Society, New York City, on the brief), for petitioner-appellant.

Lillian Z. Cohen, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., Brenda Soloff, Deputy Asst. Atty. Gen., on the brief), for respondent-appellee.

Before FRIENDLY and KAUFMAN, Circuit Judges, and HERLANDS, District Judge.


PER CURIAM.

The petitioner appeals from the dismissal of his petition for a writ of habeas corpus. He contends that he is entitled to an evidentiary hearing in the federal court to determine whether there was probable cause for his arrest. On the resolution of this issue turns the admissibility of various items seized from him during a search immediately following his arrest and introduced into evidence against him at trial...

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