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UNITED STATES EX REL. BENNETT v. RUNDLE

No. 17407.

419 F.2d 599 (1969)

UNITED STATES of America ex rel. Edward BENNETT No. H-6720, Appellant, v. Alfred T. RUNDLE, Warden of Eastern Correctional Institute, Graterford, Pa.

United States Court of Appeals Third Circuit.

Decided December 5, 1969.

Rehearing Denied January 14, 1970.

Attorney(s) appearing for the Case

David Kanner, Kanner, Stein, Feinberg & Barol, Philadelphia, Pa., for appellant.

James D. Crawford, Asst. Dist. Atty., Philadelphia, Pa. (Samuel T. Swansen, Asst. Dist. Atty., Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Reargued before HASTIE, Chief Judge, and KALODNER, FREEDMAN, SEITZ, ALDISERT, STAHL and ADAMS, Circuit Judges.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

Relator was found guilty in a Pennsylvania court of second degree murder, aggravated robbery and conspiracy and was sentenced to imprisonment for consecutive terms aggregating not less than 21 nor more than 42 years. The District Court denied his petition for habeas corpus, and his appeal, on which we granted a certificate of probable cause, is now before us.

It is clear that relator has exhausted his...

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