People ex rel. Albanese v. Hunt

KNIGHT, District Judge.

This is a habeas corpus proceeding brought by Joseph Albanese, an inmate of Attica State Prison, New York, for his discharge therefrom on the ground that his conviction of third degree arson on November 4, 1927, and sentence to twenty years’ imprisonment as a second offender were procured through perjured testimony and that therefore his conviction was void. The petition recites that one William Jack, alias William Tallman, People’s witness, testified falsely both before the grand jury by which petitioner was indicted and subsequently at his trial; and that three years…