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UNITED STATES v. CAVELL

No. 13286.

287 F.2d 792 (1961)

UNITED STATES of America ex rel. James Morris FLETCHER, Appellant, v. Angelo C. CAVELL, Warden, Western State Penitentiary, Pittsburgh 33, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided February 23, 1961.

Attorney(s) appearing for the Case

Marjorie Hanson Matson, Pittsburgh, Pa., for appellant.

Glenn R. Toothman, Jr., Dist. Atty., Greene County, Waynesburg, Pa. (Frank P. Lawley, Jr., Deputy Atty. Gen., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Appellant was convicted of murder in the Court of Oyer and Terminer of Greene County, Pennsylvania in December, 1954. He was sentenced to life imprisonment. The conviction was affirmed by the Supreme Court of that state, Commonwealth v. Fletcher, 387 Pa. 602, 128 A.2d 897 and certiorari denied by the Supreme Court of the United States, 354 U.S. 913, 77 S.Ct. 1300, 1 L.Ed.2d 1429. After that he filed a petition...

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