UNITED STATES v. MYERS

Misc. No. 2149.

187 F.Supp. 712 (1960)

UNITED STATES of America ex rel. James ROBERTSON v. D. N. MYERS, Warden State Penitentiary, Graterford, Pennsylvania.

United States District Court E. D. Pennsylvania.

October 13, 1960.


Attorney(s) appearing for the Case

Ronald P. Wertheim, Asst. Defender, Philadelphia, Pa., court-appointed counsel for relator.

Victor H. Blanc, Dist. Atty., Paul M. Chalfin, First Asst. Dist. Atty., Charles L. Durham, Domenick Vitullo, Asst. Dist. Attys., Philadelphia, Pa., for respondent.


CLARY, District Judge.

This case presents the constantly recurring problem of a defendant's right to counsel in a state criminal proceeding. Relator, James Robertson, filed a petition for a writ of habeas corpus in this Court on December 24, 1959. The allegation upon which the Court granted a rule to show cause why the writ should not issue, and set a hearing thereon, is comprised within the limits of Paragraph 2 of relator's petition, which reads as follows:

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