United States of America Ex Rel. George H. Moore, Relator-Appellant v. Walter B. Martin, Warden, Attica Prison, and People of State of New York

SWAN, Circuit Judge.

This is an appeal by the relator from dismissal of a writ of habeas corpus after a hearing. Judge Burke, before whom the hearing was had, granted a certificate of probable cause.

The relator is presently serving a 30 to 60 year sentence as a second felony offender. The sentence was imposed in 1946 by the County Court of Queens County, New York, after relator’s conviction of the crime of first degree robbery. The underlying felony was a 1934 conviction by a Pennsylvania court upon relator’s plea of guilty to the crime of armed robbery. He served his Pennsylvania sentence of…