This is an habeas corpus proceeding arising out of a state prosecution.
In this court the proceedings were heretofore heard by the Honorable Robert M. Gibson, now deceased. In accordance with Rule 63 of the Federal Rules of Civil Procedure, 28 U.S.C.A., I will adopt the record made before Judge Gibson.
On August 9, 1949 the United States Court of Appeals, Third Circuit,
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