New York ex rel. Whitman v. Wilson
318 U.S. 688 (1943)

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U.S. Supreme Court

New York ex rel. Whitman v. Wilson, 318 U.S. 688 (1943)

New York ex rel. Whitman v. Wilson

No. 72

Argued February 1, 1943

Decided April 12, 1943

318 U.S. 688

Syllabus

Since the present proceeding must be dismissed if habeas corpus is not an appropriate remedy under the state law, and since this Court is unable to determine that question with finality, or to resolve the contentions with respect to it, in advance of a controlling decision by the state courts, the judgment appealed from is vacated, and the cause is remanded to the state court for further proceedings. P. 318 U. S. 690.

263 App.Div. 908, 924, 32 N.Y.S.2d 29, 1023, vacated.

Certiorari, 317 U.S. 615, to review a judgment affirming the dismissal of a writ of habeas corpus. Leave to appeal to the highest court of the State was denied, 263 App.Div. 924, 287 N.Y. 856, and an appeal taken as of right was dismissed, 290 N.Y. 670.

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