United States ex rel. Moore v. Fay

WEINFELD, District Judge.

The petitioner, charged with murder in the first degree, was convicted of a lesser crime, manslaughter in the first degree, in the Court of General Sessions, New York County, and was sentenced in 1947 to a term of from ten to twenty years. No appeal was taken from the judgment of conviction.

He now seeks to avoid the conviction, contending that his Federally protected right to a fair trial was violated. The attack centers upon the alleged misconduct of a trial juror, the Trial Court’s action with respect thereto, and the abandonment by petitioner’s counsel, allegedly…