United States of America Ex Rel. Nicholas J. Marinaccio, Relator-Appellant v. Edward M. Fay, Warden of Green Haven Prison, Stormville, New York

MOORE, Circuit Judge.

This is an appeal from an order of the United States District Court for the Southern District of New York which denied, without a hearing, appellant’s pro se petition for a writ of habeas corpus. The district judge granted a certificate of probable cause and assigned counsel to prosecute the appeal.

During his apprehension by detectives of the New York City Police Force on August 4, 1947, appellant, then seventeen years old, was shot four times. He was immediately taken to The Lincoln Hospital in critical condition. Several days later, while still hospitalized, appellant…