United States ex rel. Montgomery v. Wallack

OPINION

WEINFELD, District Judge.

Petitioner, now confined to Wallkill state prison under a sentence of from three and one-half to seven years imposed pursuant to a judgment of conviction of the crimes of conspiracy as a felony and carrying a dangerous weapon, entered upon a jury verdict in the Supreme Court of the State of New York, Kings County, seeks his release by way of a federal writ of habeas corpus. He contends that the introduction in evidence upon his trial of a leather brief case and its contents, two loaded revolvers, was in violation of his federally protected right under the…