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UNITED STATES v. HOHN

No. 10656.

198 F.2d 934 (1952)

UNITED STATES ex rel. DAVERSE v. HOHN.

United States Court of Appeals Third Circuit.

Decided September 17, 1952.

Attorney(s) appearing for the Case

Sebastian C. Pugliese, Pittsburgh, Pa. (Paul K. McCormick, Greensburg, Pa., on the brief), for appellant.

C. Ward Eicher, Greensburg, and Randolph C. Ryder, Harrisburg, Pa. (L. Alexander Sculco, Dist. Atty., Greensburg, Pa., Frank P. Lawley, Jr., Asst. Deputy Atty. Gen., Robert E. Woodside, Atty. Gen., on the brief), for appellee.

Before BIGGS, Chief Judge, and KALODNER and STALEY, Circuit Judges.

BIGGS, Chief Judge.

On March 5, 1949, Daverse was convicted of first degree murder, and the penalty fixed at death by the jury in the Court of Oyer and Terminer, Westmoreland County, Pennsylvania. A motion for a new trial was denied by that court on December 31, 1949, and on May 22, 1950, Daverse's conviction was affirmed by the Supreme Court of Pennsylvania. See Commonwealth v. Daverse, 364 Pa. 623

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