Opinion

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

277 F.2d 926 · Court of Appeals for the Second Circuit · Mar 10, 1960

Full text

UNITED STATES of America Ex Rel. Lewis WOLFE, Relator-Appellant, v. J. Edwin LA VALLEE, Warden, Clinton Prison, Dannemora, New York, Respondent-Appellee

*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.