United States of America Ex Rel. Felix Comacho v. Harold W. Follette, Warden, Green Haven State Prison, Stormville, New York

ANDERSON, Circuit Judge:

Felix Comacho was arrested on Friday, August 3, 1962, as one of three suspected participants in a pair of muggings, perpetrated that evening in the Bay Ridge section of Brooklyn. In the second of these assaults, the victim received fatal stab wounds.

Comacho was picked up sometime after 10:30 p. m. in the vicinity of the scene of the second assault. With the hope that an identification might be established, the arresting officer took him first to the hospital where the victim was being treated; and from there he was taken to a police station. On Saturday morning, after…