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UNITED STATES v. HENDRICKS

No. 11141.

213 F.2d 922 (1954)

UNITED STATES ex rel. ELLIOTT v. HENDRICKS, Deputy Commissioner, Department of Public Welfare.

United States Court of Appeals Third Circuit.

Decided June 2, 1954.

Attorney(s) appearing for the Case

William R. Pomerantz, Barnie F. Winkelman, Philadelphia, Pa., for appellant.

Randolph C. Ryder, Deputy Atty. Gen. of Pennsylvania (Frank F. Truscott, Atty. Gen. of Pennsylvania and Francis J. Gafford, Deputy Atty. Gen. of Pennsylvania, on the brief), in behalf of the Commonwealth of Pennsylvania.

Richardson Dilworth, Dist. Atty., Michael von Moschzisker, First Asst. Dist. Atty., Samuel Dash, Asst. Dist. Atty., Philadelphia, Pa., appeared to support the jurisdiction of the Court.

Warren Olney III, Asst. Atty. Gen., Robert S. Erdahl and Richard J. Blanchard, Attys. U. S. Department of Justice, on brief, for the United States.

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

GOODRICH, Circuit Judge.

This is an appeal from the judgment of the district court dismissing the relator's petition for habeas corpus.

The relator, Elliott, was tried in the Court of Oyer and Terminer, Philadelphia County, Pennsylvania, on the charge of murder. He was represented by counsel throughout the trial and throughout the subsequent proceedings. Indeed, counsel have been very vigilant in looking after his interests. After several days of trial, he...

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