United States of America Ex Rel. William Lee Evans v. J. Edwin Lavallee, Warden, Clinton Prison, Dannemora, New York

McLEAN, District Judge:

Petitioner is a state prisoner who was convicted by a jury verdict on March 23, 1962, in the Court of General Sessions, New York County, of the crimes of sodomy, assault with intent to commit sodomy, and robbery in the first degree. In April 1968 he applied to the District Court for the Northern District of New York for a writ of habeas corpus. He claimed that both at the time of the commission of the crimes and at the time of trial he was insane, and that the trial court’s failure to hold a hearing on the subject of his mental capacity deprived him of due process of…