UNITED STATES v. HANDY

No. 10447.

203 F.2d 407 (1953)

UNITED STATES ex rel. DARCY v. HANDY, Warden, et al.

United States Court of Appeals Third Circuit.

Reargued December 1, 1952.

Decided March 24, 1953.

As Amended March 28, 1953.

Rehearing Denied April 29, 1953.


Attorney(s) appearing for the Case

Charles J. Margiotti, Pittsburgh, Pa., (J. Dress Pannell, Harrisburg, Pa., Morton Witkin, Philadelphia, Pa., on the brief), for appellant.

Randolph C. Ryder, Deputy Atty. Gen. of Pa., (Donald W. VanArtzdalen, Asst. Dist. Atty., and Willard S. Curtin, Dist. Atty., Doylestown, Pa., Robert E. Woodside, Atty. Gen., of Pa., on the brief), for appellees.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.


PER CURIAM.

The majority of the court is of the opinion that the relator must be afforded the opportunity to prove the allegations set out in his petition for habeas corpus insofar as they relate to the alleged atmosphere of hysteria and prejudice prevailing at his trial, including any issues raised by Judge Boyer's asserted visits to the courtroom during Darcy's trial, since the undisputed and incontrovertible facts as shown by the record do not countervail the allegations...

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