United States ex rel. Johnson v. Follette

OPINION

WEINFELD, District Judge.

Petitioner, under sentence of two concurrent terms of thirty years to life imposed pursuant to judgments of conviction of murder in the second degree, entered upon a jury verdict in the Supreme Court, New York County, seeks his release upon a federal writ of habeas corpus based upon alleged violation of his constitutional rights under the Fifth and Fourteenth Amendments. The basic allegation of deprivation of his constitutional right to due process of law is the admission in evidence of a statement taken soon after his arrest, which *690petitioner contends was…