United States ex rel. Bonomolo v. Wallack

EDELSTEIN, District Judge.

This is an application for a writ of habeas corpus on the grounds that the applicant is being held in custody in vio lation of the Constitution of the United States. 28 U.S.C. § 2241(c) (3) (1959).

*15The applicant was tried in the New York County Court of General Sessions, now the Supreme Court, New York County, on a four-count indictment.1 Counts two and four, both alleging the crime of criminally concealing and withholding stolen and wrongfully acquired property (diamonds), were submitted to the jury. Count two, insofar as it is relevant, charged that the defendant:

“in…