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UNITED STATES v. KEEPER OF MONTGOMERY COUNTY PRISON

No. 10974.

202 F.2d 267 (1953)

UNITED STATES ex rel. CAREY v. KEEPER OF MONTGOMERY COUNTY PRISON et al.

United States Court of Appeals Third Circuit.

Decided February 27, 1953.

Attorney(s) appearing for the Case

Harry R. Back, Philadelphia, Pa., for appellant.

Frank P. Lawley, Jr., Asst. Deputy Atty. Gen. of Pa., for appellee.

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

BIGGS, Chief Judge.

On December 1, 1952, an order of the court below was filed refusing to issue a writ of habeas corpus in the relator's, Carey's, favor, he having been convicted of a capital crime by the Court of Oyer and Terminer and General Jail Delivery of Montgomery County, Pennsylvania. The relator was sentenced to death and is presently in jail awaiting execution. On December 29, 1952, application was made to Chief...

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