United States of America Ex Rel. Harry Carson McNerlin Relator-Appellant v. Wilfred L. Denno, Warden of Sing Sing Prison, Ossining, New York

J. JOSEPH SMITH, Circuit Judge.

Relator was convicted on trial to the jury in the New York State Courts of murder in the first degree for shooting a close friend in resentment at the friend’s advice to stop annoying some girls with requests to dance in a tavern. Sentence of execution was later commuted to life imprisonment. The conviction was affirmed on appeal, People of State of New York v. McNerlin, 11 N.Y.2d 738, 226 N.Y.S.2d 443, 181 N.E.2d 456 (1962), the Court of Appeals later amending its mandate to certify that it considered and rejected a claim that a coerced confession had been…