United States of America Ex Rel. Granville Boodie, Relator-Appellant v. Ross E. Herold, Director, Dannemora State Hospital, Dannemora, New York

LUMBARD, Chief Judge:

Granville Boodie appeals from the denial of his petition for a writ of habeas corpus wherein he challenges his 1960 New York state conviction for manslaughter. The petition was denied without a hearing by Judge Cannella in the United States District Court for the Southern District of New York, who found no violation of constitutional rights. At the same time the district judge granted a certificate of probable cause (28 U.S.C. § 2253) and leave to appeal in forma pauperis and he assigned counsel.

The sole ground urged by Boodie on this appeal is that the use at trial of…