United States Ex Rel. Charles Emerick v. Honorable Wilfred Denno, as Warden of Sing Sing Prison, Ossining, New York

This is an appeal from dismissal without evidentiary hearing of relator’s application for a writ of habeas corpus. The district judge granted a certificate of probable cause and leave to appeal in forma pauperis. The Legal Aid Society is entitled to our thanks for its able presentation of appellant’s case.

Emerick was convicted in a state court, after a jury trial, of grand larceny in the second degree. He was sentenced in 1959 to a term of imprisonment of 5 to 10 years in a state prison. He did not appeal from the judgment of conviction, nor has he applied for a writ of error coram nobis.

Judge…