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U.S. Court of Appeals for the Second Circuit, 1960

United States of America Ex Rel. Lewis Wolfe, Relator-Appellant v. J. Edwin La Vallee, Warden, Clinton Prison, Dannemora, New York

United States of America Ex Rel. Lewis Wolfe, Relator-Appellant v. J. Edwin La Vallee, Warden, Clinton Prison, Dannemora, New York
U.S. Court of Appeals for the Second Circuit · Decided March 10, 1960 · Clark, Friendly, Moore, Per Curiam
277 F.2d 926; 1960 U.S. App. LEXIS 5165 (Federal Reporter, Second Series)

United States of America Ex Rel. Lewis Wolfe, Relator-Appellant v. J. Edwin La Vallee, Warden, Clinton Prison, Dannemora, New York

Opinion

*927 PER CURIAM.

Upon considering the within motion, the order below [179 F.Supp. 939] is vacated and the proceedings are remanded for the taking of such further testimony as may be offered on the question of relator’s mental condition at the time of his trial in the state court and for the filing of findings as to such condition; counsel to be assigned by the district court.

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