United States of America Ex Rel. Robert R. Hyde v. Daniel McMann Acting Warden, Clinton Prison and People of State of New York

LUMBARD, Circuit Judge.

This is an appeal in forma pauperis from a denial of a writ of habeas corpus by the district court without a hearing. The principal issue is whether the state so improperly interfered with the petitioner’s preparation of his defense by confining him to prison without bail, and in default of his posting bail, that his conviction was obtained contrary to due process of law in violation of his rights under the Fourteenth Amendment. The claim principally rests upon allegations that his imprisonment for more than three months prior to trial and the refusal to delay the start…