United States of America Ex Rel. Floyd Edgar Martin, Relator-Appellant v. Daniel McMann Warden of Clinton Prison, Dannemora, New York

Martin’s petition for habeas corpus alleges that the admission in evidence of two confessions, one taken after his arrest but before preliminary examination by a magistrate and the other after the examination, in his 1946 New York trial for first degree murder, violated his constitutional rights. When the case was last before us, 319 F.2d 897 (1963), we affirmed Judge Foley’s order denying the petition, 208 F.Supp. 562 (1962), see also 187 F.Supp. 395 (1960), without reaching the merits, on the sole ground that, despite People v. Howard, 12 N.Y.2d 65, 236 N.Y.S.2d 39, 187 N.E.2d 113 (1962),…