United States of America Ex Rel. William Davis v. Hon. Daniel McMann Warden of Clinton Prison, Dannemora, New York,respondent-Appellant

WATERMAN, Circuit Judge:

This is an appeal by the warden of a New York state prison from an order of Chief Judge Foley of the United States District Court for the Northern District of New York sustaining appellee’s writ of habeas corpus after a hearing at which the warden was represented by the office of the State Attorney General. Judge Foley’s careful opinion setting forth his findings and conclusions is reported at 252 F.Supp. 539 (1966).

Ori October 24, 1962, after a trial by jury in New York State Supreme Court, Kings County, Judge Samuel S. Leibowitz presiding, the appellee, William…