United States of America Ex Rel. Carl E. Deflumer, Jr. v. Vincent Mancusi, as Warden of Auburn State Prison, Attica, New York,respondent-Appellee

IRVING R. KAUFMAN, Circuit Judge:

The petitioner Carl DeFlumer, Jr. was indicted in 1947 by the Albany County Grand Jury, charged wih the first-degree murder by hanging of a 7-year-old boy. DeFlumer himself was 15 years of age. Acting with the advice of counsel, DeFlumer entered a plea of guilty to the lesser, noncapital crime of second degree murder. On July 7, 1947 the Albany County Court imposed the minimum sentence of 20 years to life. For 16 years DeFlumer did not contest his conviction of sentence. In 1963, however, he began a series of post-conviction proceedings in state and federal…