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UNITED STATES v. COMMONWEALTH OF PENNSYLVANIA

Misc. No. 2274.

198 F.Supp. 570 (1961)

UNITED STATES of America ex rel. Gus Alfred DE MOSS v. COMMONWEALTH OF PENNSYLVANIA, County of Philadelphia, and William J. Banmiller, Warden.

United States District Court E. D. Pennsylvania.

October 13, 1961.

Attorney(s) appearing for the Case

Alan J. Swotes, Philadelphia, Pa., for DeMoss.

James C. Crumlish, Jr., Dist. Atty., F. Emmet Fitzpatrick, Jr., Asst. Dist. Atty., Philadelphia, Pa., for the Commonwealth.

VAN DUSEN, District Judge.

Relator was convicted of murder in the first degree in the Court of Oyer and Terminer, Philadelphia County, Pennsylvania, on October 28, 1958. Motions for a new trial and in arrest of judgment were denied and he was sentenced to life imprisonment on June 1, 1959.1 The Supreme Court of Pennsylvania affirmed the judgment and sentence. See Commonwealth v. DeMoss, 1960, 401 Pa. 395

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