United States of America Ex Rel. John F. McBride v. Hon. Edward M. Fay, as Warden of Green Haven Prison, Stormville, New York

Petitioner, together with two co-defendants, was convicted of robbery in the first degree in the County Court for Suffolk County, New York in 1957. During the trial, a confession of one of petitioner’s co-defendants, inculpating petitioner, was admitted in evidence, but the jury was instructed that the statement could not be used against McBride. Also during the court's charge the jury was told on several occasions that the co-defendant's confession could not be used to convict McBride. On the objection of petitioner’s counsel, the exhibits, including the confession, were not placed in the…