United States Ex Rel. Edward Allen, Relator v. Robert E. Murphy, Warden of Auburn State Prison

MEDINA, Circuit Judge.

Relator, Edward Allen, and a co-defendant were convicted of first degree murder in the Erie County Court of the State of New York in 1948 and, on the recommendation of the jury, they were sentenced to life imprisonment. Each defendant appealed to the Appellate Division of the Fourth Department and the judgments of conviction were affirmed, without opinion. People v. Rivera, 1949, 275 App.Div. 988, 90 N.Y.S.2d 917. Allen made no attempt to appeal to the New York Court of Appeals nor did he apply to the Supreme Court for certiorari. He did, however, make two separate and…