United States of America Ex Rel. Jacob Wissenfeld, Relator-Appellant v. Walter H. Wilkins, Warden, Attica State Prison, Attica, New York

LUMBARD, Chief Judge.

This is an appeal by the relator, Jacob Wissenfeld, from the dismissal of his petition for a writ of habeas corpus to obtain his release from New York’s Dannemora State Hospital. 1 Wissenfeld is confined there under sentence of 13% to 20 years imprisonment 2 as a third felony offender after his plea of guilty in October 1953 to a charge of burglary in the third degree.

Relator filed this petition for the writ - — his fourth submitted to the federal court — in November 1958. His claim of violation of his federal constitutional rights, which we will presently describe in…