United States of America Ex Rel. Edward Allen v. Hon. J. Edwin Lavallee, Warden, Auburn State Prison

ANDERSON, Circuit Judge:

The appellant and a co-defendant Louis Rivera were convicted of murder in the first degree on November 19, 1948 by a jury in the New York Supreme Court, and both men were sentenced to life imprisonment. Appellant’s principal argument raises the issue of whether a written confession introduced in evidence at his trial violated his constitutional rights.

We need not restate the pre-Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964) history of this case, which is set out in this court’s opinion in United States ex rel. Allen v. Murphy, 295 F.2d 385 (2…