Ernest Welcome v. Leon J. Vincent, Superintendent, Greenhaven Correctional Facility

OAKES, Circuit Judge:

This appeal presents the question whether appellant was deprived of his due process right to a fair trial when the trial court refused to permit his counsel to question a defense witness regarding his confession to the same crimes for which appellant and his two codefendants were on trial. We answer the question in the affirmative and reverse the judgment of the United States District Court for the Southern District of New York, Edward Weinfeld, Judge, dismissing appellant’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

Facts

On March 10,1970, appellant…