UNITED STATES v. PRICE

No. 12481.

258 F.2d 918 (1958)

UNITED STATES of America ex rel. Cleveland THOMPSON, Appellant, v. Grant F. PRICE, Warden of Allegheny County Jail, Pittsburgh, Pa., Angelo C. Cavell, Warden of Western State Penitentiary, Pittsburgh, Pa.

United States Court of Appeals Third Circuit.

Decided August 14, 1958.

Rehearing Denied September 29, 1958.


Attorney(s) appearing for the Case

Morton B. DeBroff, Pittsburgh, Pa., for appellant.

Frank P. Lawley, Jr., Deputy Atty. Gen. (Samuel Strauss, Asst. Dist. Atty., Edward C. Boyle, Dist. Atty., Pittsburgh, Pa., Thomas D. McBride, Atty. Gen., on the brief), for appellees.

Before MARIS, GOODRICH and HASTIE, Circuit Judges.


MARIS, Circuit Judge.

The relator, Cleveland Thompson, was convicted in January, 1950, by a jury in a Pennsylvania court of the murder of Wallace Russell, who died as a result of wounds received in a shooting which occurred on September 13, 1949, in a drinking place known as the Barbary Coast Club in Pittsburgh, Pennsylvania. From a judgment imposing sentence of death he appealed to the Supreme Court of Pennsylvania which affirmed the judgment and sentence. Commonwealth...

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