UNITED STATES v. CLAUDY

No. 10857.

204 F.2d 624 (1953)

UNITED STATES ex rel. COLLINS v. CLAUDY, Warden.

United States Court of Appeals Third Circuit.

Decided May 7, 1953.


Attorney(s) appearing for the Case

Gilbert J. Helwig, Pittsburgh, Pa., for appellant.

Robert E. Woodside, Atty. Gen., of Pa., James F. Malone, Jr., Dist. Atty. of Allegheny County, Pittsburgh, Pa., for appellee.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

A Pennsylvania statute authorizes an enhanced penalty upon second conviction of certain crimes. The question here is whether the manner in which a Pennsylvania trial court utilized that statute to impose upon the relator, Collins, double the normal maximum penalty for the crime with which he was charged violated the Fourteenth Amendment requirement of procedural due process of law.

The question arises in a habeas corpus proceeding initiated...

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