United States of America Ex Rel. Willis S. Marshall, Relator-Appellee v. Walter H. Wilkins, Warden of Attica State Prison, Attica, New York

LUMBARD, Chief Judge:

New York appeals from an order of •the United States District Court for the Western District of New York sustaining a writ of habeas corpus in favor of Willis S. Marshall. In 1950 Marshall was •convicted in New York County of robbery in the first degree, and, on the basis •of a 1947 California conviction, he was sentenced as a second offender under New 'York’s multiple offender statute. The ■district court held the California conviction invalid on the ground that Marshall had not been adequately represented at trial. We find that the record ■'in the district court fails…