United States Ex Rel. Charles Everett, Relator-Appellant v. Robert E. Murphy, Warden, Auburn State Prison, Auburn, New York,respondent-Appellee

J. JOSEPH SMITH, Circuit Judge:

Petitioner appeals in forma pauperis from denial without hearing of his petition for writ of habeas cornus in the United States District Court for the Northern District of New York, Stephen W. Brennan, Judge. We conclude that petitioner’s conviction in the New York State courts was obtained through use of a confession not voluntary in nature, in violation of his right under the Fourteenth Amendment of the Constitution of the United States to due process of law, and reverse for issue of the writ.

By the verdict of a jury in the County Court, Kings County, New…