United States ex rel. Marshall v. Snyder

AUGUSTUS N. HAND, Circuit Judge.

The relator Marshall, who is a Negro, was convicted in the Court of General Sessions, New York County, of the crime of assault in the second degree. He was sentenced on December 7, 1938 to serve a minimum of five years, and a maximum of ten years in Sing Sing Prison.

In 1944 the relator obtained a writ of habeas corpus from the Supreme Court of the State of New York in which he sought his release from prison on the ground that he had served his minimum sentence and was being illegally detained. lie also demanded that he be transferred from Dan-nemora State…