UNITED STATES v. MARONEY

No. 14156.

324 F.2d 673 (1963)

UNITED STATES of America ex rel. Frank GAITO, Appellant, v. James F. MARONEY, Warden.

United States Court of Appeals Third Circuit.

Decided October 8, 1963.

Rehearing Denied December 6, 1963.


Attorney(s) appearing for the Case

Stanley J. Reisman, Pittsburgh, Pa., and Zigmund L. Dermer, Monroeville, Pa., for appellant.

William Claney Smith, Asst. Dist. Atty., Pittsburgh, Pa. (Edward C. Boyle, Dist. Atty. of Allegheny County, Edward E. Fagan, Asst. Dist. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.


PER CURIAM.

This appeal is from the denial of an application for habeas corpus arising out of a state court conviction.

In the present state of the record of this case, appellant has not as yet exhausted his state court remedy. There are two appeals in habeas corpus proceedings on his behalf pending in the Superior Court of Pennsylvania which raise the same constitutional questions as are before us. We consider it inappropriate for the federal courts to examine...

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