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JOHNSON v. DYE

No. 9471.

175 F.2d 250 (1949)

JOHNSON v. DYE, Warden.

United States Court of Appeals Third Circuit.

Reargued March 21, 1949.

Decided May 17, 1949.

Attorney(s) appearing for the Case

Hymen Schlesinger, Pittsburgh, Pa., for appellant.

Schlesinger & Schlesinger and Samuel J. Goldstein, Pittsburgh, Pa., on the brief, for American Civil Liberties Union, amicus curiae.

Craig T. Stockdale and Leonard H. Levenson, Assistant District Attorneys, Pittsburgh, Pa. (William S. Rahauser, District Attorney, Leo J. Kelly, Jr., and Louis L. Kaufman, Assistant District Attorneys, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, O'CONNELL, and KALODNER, Circuit Judges.

Opinion of the Court. (Filed May 17, 1949.)

BIGGS, Chief Judge.

The Facts.

The petitioner, Leon Johnson, is in the custody of the Commonwealth of Pennsylvania and is presently confined in the Allegheny County jail, of which the respondent, Charles L. Dye, is the Warden. Johnson was indicted in the Cobb County Superior Court of the State of Georgia for the murder of one Sarah Frances Thompson on December 6, 1942. He was tried by a jury which found...

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