United States of America Ex Rel. Leroy Williams, Relator-Appellant v. J. Edwin Lavallee, Warden of Clinton Prison, Dannemora, N.Y

WATERMAN, Circuit Judge:

At approximately 2:20 A. M. on May 5, 1966, armed Negro bandits robbed the Western Union office on Hunts Point Avenue in the Bronx, New York. Several minutes later, two New York City police officers, Patrolman Francis Murphy and Sergeant Frank Basile, cruising in a police radio car in the precinct adjacent to the one in which the robbery occurred, heard an alarm broadcast informing of the holdup. A second broadcast shortly followed in which the perpetrators of the robbery were described as two male Negroes who had escaped in a light colored late model automobile,…