United States ex rel. Lesser v. New York

KNIGHT, District Judge.

This is a petition for a writ of habeas corpus. On February 19, 1932, in the City of New York, N. Y., the relator was convicted of the crime of kidnapping. He had previously been twice convicted of a felony and as a third offender, was sentenced to be imprisoned for fifty years. Shortly thereafter, relator made a motion for a new trial on the ground of newly-discovered evidence. On June 2, 1932, this motion was denied. In a written opinion rendered by the trial judge, it was found' that the evidence submitted upon the mo-' tion was not such as probably would change the…