Opinion
Argued October 5, 1959.
Decided October 5, 1959.
On an appeal by the District Attorney of New York County from a stay of the trial of Charles Hernandez for murder, pending his appeal from an order of the District Court for the Southern District of New York, Edward Jordan Dimock, J., denying his application for a writ of habeas corpus, the merits were argued and the order of the District Court is affirmed and the stay is vacated.
Audrey Anderson, New York City, for petitioner.
Robert R. Reynolds, Asst. Dist. Atty., New York County, New York City, for respondent.
Before LUMBARD, WATERMAN and FRIENDLY, Circuit Judges.
The order of the District Court denying the petition for a writ of habeas corpus is affirmed in open court and the stay is vacated.