United States of America Ex Rel. Joseph John McCullers Relator-Appellant v. Daniel McMann Warden of Clinton State Prison, Dannemora, New York

HAYS, Circuit Judge:

Appellant is a New York State prisoner confined in Clinton State Prison. He was sentenced on February 23, 1961 as a third felony offender to a term of from fifteen to twenty years upon his conviction after a jury trial for second degree burglary, petit larceny and possession of burglar’s tools.

Appellant’s application for a writ of habeas corpus was denied by the United States District Court for the Northern District of New York. He appeals from the order of denial. It is conceded that he has exhausted the state remedies available to him.

Appellant alleges, as the ground for…