United States of America Ex Rel. George Farmer v. A. Kosan, Warden

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Inzer B. Wyatt, Judge, dismissing, without a hearing, a petition for a writ of habeas corpus.

The appellant, George Farmer, was arrested together with two other men on February 24, 1970 and charged with attempted grand larceny, possession of burglar’s tools, and resisting arrest. Subsequently, on motion of the state, the felony charges against the appellant were reduced to misdemeanors. The appellant was tried before a three judge panel of the New York City…