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UNITED STATES v. HANDY

No. 11564.

224 F.2d 504 (1955)

UNITED STATES of America ex rel. David DARCY, Appellant, 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.

United States Court of Appeals Third Circuit.

Decided June 9, 1955.

Rehearing Denied July 11, 1955.

Attorney(s) appearing for the Case

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

Frank P. Lawley, Jr., Deputy Atty. Gen. of Pennsylvania (Donald W. Van-Artsdalen, Dist. Atty., Doylestown, Pa., Herbert B. Cohen, Atty. Gen., on the brief), for appellees.

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

HASTIE, Circuit Judge.

In this habeas corpus proceeding the relator, a Pennsylvania state prisoner under sentence of death for murder, is contending that he was tried under such prejudicial circumstances and improper influences that it becomes the duty of a federal court to invalidate the state conviction as a denial of due process of law and to order a new trial.

The district court originally dismissed the petition...

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