United States of America Ex Rel. Burton Weinstein v. Edward M. Fay, Warden of Green Haven Prison

LUMBARD, Chief Judge.

Burton Weinstein appeals from the denial without a hearing of a writ of habeas corpus by the United States District Court for the Southern District of New York. The principal question presented by this appeal is whether relator’s confession obtained by the police after 36 hours’ detention was voluntary. If the confession was involuntary, its use at the trial violated Weinstein’s constitutional right to a fair trial and his conviction must be reversed. Rogers v. Richmond, 365 U.S. 534, 81 S.Ct. 735, 5 L.Ed.2d 760 (1961) ; Spano v. People of State of New York, 360 U.S. 315,…