United States Ex Rel. George Whitmore, Jr., Relator-Appellant v. Bernard J. Malcolm, New York City Commissioner of Correction

MOORE, Circuit Judge:

This is an appeal from an order of the United States District Court for the *365Eastern District of New York, Hon. Walter Bruchhausen, Judge, entered on May 31, 1972, which denied without a hearing appellant’s petition for a writ of habeas corpus.1 We affirm the order of the District Court.

I

In November, 1964, George Whitmore, Jr., was tried by a jury in Kings County, New York, and convicted of the crimes of attempted rape in the first degree and assault in the second degree. The trial justice set aside this conviction because of jury misconduct and widespread unfavorable…