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UNITED STATES v. GARFINKEL

No. 9399.

166 F.2d 887 (1948)

UNITED STATES ex rel. FORINO v. GARFINKEL.

Circuit Court of Appeals, Third Circuit.

Decided March 4, 1948.

Attorney(s) appearing for the Case

Maurice A. Roberts, of Philadelphia, Pa. (Owen M. Burns, U. S. Atty., of Erie, Pa., and Edward C. Boyle, Asst U. S. Atty., of Pittsburgh, Pa., on the brief), for appellant.

Premo J. Columbus and Joseph A. Cirillo, both of Pittsburgh, Pa., for appellee.

Before BIGGS, MARIS and KALODNER, Circuit Judges.

BIGGS, Circuit Judge.

The question presented by the instant appeal is a narrow one. The relator, Forino, a citizen of Italy, admitted to the United States for permanent residence, on December 5, 1932, and within five years after his entry, pleaded guilty in the Court of Oyer and Terminer, Allegheny County, Pennsylvania, to an indictment charging him with murder. The court fixed the degree of his guilt as murder in the second degree and sentenced him to imprisonment...

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