UNITED STATES v. BALDI

No. 10478.

195 F.2d 815 (1952)

UNITED STATES ex rel. ALMEIDA v. BALDI et al.

United States Court of Appeals Third Circuit.

Decided March 27, 1952.


Attorney(s) appearing for the Case

Randolph C. Ryder, Deputy Atty. Gen., of Pennsylvania (James W. Tracey, Jr., First Asst. Dist. Atty., Philadelphia, Pa., Robert E. Woodside, Atty. Gen., on the briefs), Colbert C. McClain, Asst. Dist. Atty., Philadelphia, Pa., for appellants.

Michael vonMoschzisker, Philadelphia, Pa., for appellee.

Before BIGGS, Chief Judge, and MARIS and GOODRICH, Circuit Judges.


BIGGS, Chief Judge.

The major question on this appeal is whether the deliberate suppression by the Commonwealth of Pennsylvania of evidence vital to the defense in the trial of a capital case is such a violation of due process as to vitiate those proceedings.

Almeida, with two companions, Hough and Smith, all armed, robbed a supermarket in Philadelphia. A shooting affray occurred and an off-duty policeman, Ingling, was killed. At Almeida's trial the Commonwealth...

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