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ESCUTE v. DELGADO

No. 5543.

282 F.2d 335 (1960)

Fernando Rivera ESCUTE, Petitioner, Appellant, v. Gerardo DELGADO, Warden of The Penitentiary of The Commonwealth of Puerto Rico, Respondent, Appellee.

United States Court of Appeals First Circuit.

September 23, 1960.

Attorney(s) appearing for the Case

Santos P. Amadeo, Rio Piedras, P. R., with whom Gerardo Ortiz del Rivero, Gilberto Concepcion de Gracia, San Juan, P. R., and Francisco Garcia Quinones, San Juan, P. R., were on brief, for appellant.

J. B. Fernandez Badillo, Solicitor Gen., San Juan, P. R., with whom Genoveva R. De Carrera, Asst. Solicitor Gen., San Juan, P. R., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

WOODBURY, Chief Judge.

This is an appeal under § 1293 of Title 28 U.S.C., from a judgment of the Supreme Court of Puerto Rico denying a petition addressed to it for issuance of a writ of habeas corpus. The facts are not in dispute.

During the evening of July 16, 1943, Philip M. Houston's dead body with the head brutally beaten in was found beside his car parked near a beach in Santurce, Puerto Rico. About midday on July 21, five days later, the...

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