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UNITED STATES v. MARONEY

No. 15221.

355 F.2d 302 (1966)

UNITED STATES of America ex rel. Carl G. GERCHMAN, Appellant, v. James F. MARONEY, Superintendent State Correctional Institution, Pittsburgh, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided January 11, 1966.

Attorney(s) appearing for the Case

Hymen Schlesinger, Pittsburgh, Pa., for appellant.

Joseph S. Walko, First Asst. Dist. Atty., Beaver, Pa., Robert J. Masters, Dist. Atty., Beaver County, Edward J. Tocci, Asst. Dist. Atty., Beaver County, Beaver, Pa., for appellee.

James M. Carter, Marjorie Hanson Matson, Pittsburgh, Pa., for Greater Pittsburgh Chapter, American Civil Liberties Union, amici curiae.

Before McLAUGHLIN, STALEY and FREEDMAN, Circuit Judges.

FREEDMAN, Circuit Judge.

This appeal from the denial of a petition for a writ of habeas corpus raises grave constitutional problems regarding Pennsylvania's so-called Barr-Walker Act of January 8, 1952, P.L.1851, 19 Purdon's Pa.Stat.Annot. §§ 1166-1174.

I

THE BARR-WALKER ACT

The Act provides that if the court is of the opinion that a person who has been convicted before it of indecent assault, incest, assault with intent to commit...

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