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UNITED STATES v. HANDY

No. 257.

130 F.Supp. 270 (1955)

UNITED STATES of America, ex rel. David DARCY, Relator, v. Earl D. HANDY, Warden of Bucks County Prison, Dr. Fred S. Baldi, Warden of the Western State Penitentiary, Rockview, and Carl H. Fleckenstine, United States Marshal for the Middle District of Pennsylvania, Respondents.

United States District Court, M. D. Pennsylvania.

Judgment Affirmed June 9, 1955.

Attorney(s) appearing for the Case

Charles J. Margiotti, Pittsburgh, Pa., Morton Witkin, Philadelphia, Pa., J. Dress Pannell, Harrisburg, Pa., Samuel Goldstein, Pittsburgh, Pa., for relator.

Randolph Ryder, Asst. Atty. Gen., Frank P. Lawley, Deputy Atty. Gen., Frank V. Truscott, Atty. Gen., Donald W. Van Artsdalen, Doylestown, Pa., J. Julius Levy, U. S. Atty., Scranton, Pa., for respondents.

MURPHY, District Judge.

This case is here on remand,1 a majority of the Court of Appeals having ruled that opportunity must be afforded relator to prove the allegations 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 court room.2 After a hearing was scheduled...

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