UNITED STATES v. ASHE

No. 6.

2 F.2d 735 (1924)

UNITED STATES ex rel. VALOTTA v. ASHE, Warden of State Penitentiary.

District Court, W. D. Pennsylvania.

November 17, 1924.


Attorney(s) appearing for the Case

George R. Wallace, Franklin A. Ammon, and Thos. D. Chantler, all of Pittsburgh, Pa., for relator.

Samuel H. Gardner, Dist. Atty., and Harry A. Estep, Asst. Dist. Atty., both of Pittsburgh, Pa., for the Commonwealth of Pennsylvania.


THOMSON, District Judge.

I approach the decision of this case with a full appreciation of the importance of the issue involved — the right of the state, on the one hand, to insist that the prosecution and punishment of offenders against her laws be in no manner impeded or denied, and the right of the citizen, on the other, to insist that his life be not taken away, except by due process of law. From the final judgment of a sovereign state, condemning him to...

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