United States of America Ex Rel. William Petersen, Relator-Appellant v. J. Edwin La Vallee, Warden, Clinton Prison, Dannemora, New York

SWAN, Circuit Judge.

This is an appeal from a decision of Judge Brennan denying without a hearing the relator’s petition for a writ of habeas corpus. Judge Brennan granted the certificate of probable cause required by 28 U.S.C.A. § 2253, and this court assigned counsel. Although we have not been persuaded that the decision below was erroneous, the briefs and argument on behalf of appellant have been helpfully and ably presented and the court desires to express commendation and appreciation for this gratuitous public service of assigned counsel.

Appellant is presently serving a sentence of life…