UNITED STATES v. MYERS

Misc. No. 2322.

198 F.Supp. 511 (1961)

UNITED STATES of America ex rel. George Lee RIVERS v. David N. MYERS, Superintendent, State Correctional Institution at Graterford, Graterford, Pa.

United States District Court E. D. Pennsylvania.

October 9, 1961.


Attorney(s) appearing for the Case

Donald Goldberg and Garfield W. Levy, Philadelphia, Pa., for Rivers.

Arlen Specter, Asst. Dist. Atty., Philadelphia, Pa., for Myers.


VAN DUSEN, District Judge.

The petition for a writ of habeas corpus asks this court to set aside a death sentence imposed by a three-judge state court after the entry of a plea of guilty to murder in the first degree on the ground that the sentence is "in violation of petitioner's right to due process of law" (par. 15 of the petition). Relator was a participant in a robbery described as follows by the Supreme Court of Pennsylvania in Commonwealth v. Cater et al.,...

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