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UNITED STATES v. DYE

No. 11419.

221 F.2d 763 (1955)

UNITED STATES of America ex rel. Cleveland THOMPSON, Appellant, v. Charles L. DYE, Warden, Allegheny County Jail, Appellee.

United States Court of Appeals Third Circuit.

Filed April 21, 1955.

Rehearing Denied May 23, 1955.

Attorney(s) appearing for the Case

Louis C. Glasso, Pittsburgh, Pa., for appellant.

Albert A. Fiok, Pittsburgh, Pa., for appellee. (James F. Malone, Jr., Dist. Atty., Pittsburgh, Pa., Frank P. Lawley, Jr., Deputy Atty. Gen., Frank F. Truscott, Atty. Gen., for appellee on the brief).

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

A jury sitting in the Court of Oyer and Terminer of Allegheny County, Pennsylvania found relator-appellant guilty of murder in the first degree and recommended the death penalty. The conviction and the death sentence were affirmed by the Pennsylvania Supreme Court.1

The first time the matter came into the federal court was on application for habeas corpus which alleged incompetence of defense counsel...

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