United States ex rel. Guber v. Koson

MANSFIELD, District Judge.

Petitioner seeks relief by writ of habeas corpus from a February 8, 1946 New York judgment of conviction, after a jury trial of the crime of grand larceny, resulting in his being sentenced to a term of 15 to 40 years. He was released to the parole authorities on April 2, 1962, but on February 21, 1967 was once again taken into custody for having violated the terms of his parole.

The history of petitioner’s assertion of his state court remedies is as follows: He filed a notice of appeal on March 4, 1946 and, while that appeal was pending, he moved the trial court for a…