United States of America Ex Rel. Tobias Bund v. J. Edwin Lavallee, Warden of Auburn State Prison, Auburn, New York

BLUMENFELD, District Judge.

This is an appeal from the district court’s denial of the appellant’s petition for a writ of habeas corpus. Bund was convicted in a New York state court after a trial by jury on each of three counts of first degree larceny in obtaining three separate advances of $5000 each from one Elson and his wife by means of false and fraudulent representations and on a fourth count for forging a stock certificate in a non-existent enterprise given to the Elsons in return for their investment. He was sentenced to be confined on each count for a term of not less than one year and…