United States of America Ex Rel. Floyd Edgar Martin, Relator-Appellant v. Robert E. Murphy, Warden of Auburn State Prison, Auburn, New York

J. JOSEPH SMITH, Circuit Judge.

Relator was convicted of first-degree murder in 1946; the sentence was later commuted to life imprisonment. His conviction was affirmed without opinion by the New York Court of Appeals, People v. Martin, 296 N.Y. 982, 73 N.E.2d 563 (1947), rearg. denied, 7 N.Y.2d 941, 197 N.Y.S.2d 1029, 165 N.E.2d 585, motion to amend remittitur denied, 7 N.Y.2d 942, 197 N.Y.S.2d 1029, 165 N.E.2d 585, cert denied, 362 U.S. 980, 80 S.Ct. 1068, 4 L.Ed.2d 1015 (1960). Seeking federal relief, he then turned to the District Court for the Northern District of New York, where his…