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UNITED STATES v. MYERS

No. 13924.

311 F.2d 311 (1962)

UNITED STATES of America ex rel. Herman RUCKER, Appellant, v. David N. MYERS, Warden, State Correctional Institution, Graterford, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided November 30, 1962.

Rehearing Denied January 23, 1963.

Attorney(s) appearing for the Case

Louis Lipschitz, Philadelphia, Pa., for appellant.

Arlen Specter, Asst. Dist. Atty., Philadelphia, Pa. (Louis F. McCabe, Asst. Dist. Atty., Paul M. Chalfin, First Asst. Dist. Atty., James C. Crumlish, Jr., Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN and HASTIE, Circuit Judges, and DUMBAULD, District Judge.

HASTIE, Circuit Judge.

This is an appeal by a Pennsylvania state prisoner, who is under sentence of death for first degree murder, from a United States District Court's denial of his petition for a writ of habeas corpus on a claim that the procedure at his trial deprived him of due process of law. The highest state court had rejected this claim. Commonwealth v. Rucker, 1961, 403 Pa. 262, 168 A.2d 732, cert. denied, 368 U.S. 868, 82...

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