United States Ex Rel. Sam Jiggetts v. Harold W. Follette, Warden, Green Haven State Prison, Stormville, New York

FEINBERG, Circuit Judge:

Sam Jiggetts appeals from the denial of his application for a writ of habeas corpus by the United States District Court for the Southern District of New York, Irving Ben Cooper, J., 308 F.Supp. 468. The trial court, however, granted a certificate of probable cause and this appeal followed. For reasons set forth below, we affirm.

In January 1959, after a jury trial in County Court, Kings County, appellant was convicted of burglary in the first degree, attempted rape in the first degree, two counts of assault, and possession of a dangerous weapon as a felony. There was a…