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UNITED STATES v. COMMONWEALTH OF PENNSYLVANIA

No. 13874.

316 F.2d 841 (1963)

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

United States Court of Appeals Third Circuit.

Reargued November 20, 1962.

Decided April 24, 1963.

Rehearing Denied May 16, 1963.

Attorney(s) appearing for the Case

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

Arlen Specter, Asst. Dist. Atty., Chief, Appeals Division, Burton Satzberg, Asst. Dist. Atty., Paul M. Chalfin, First Asst. Dist. Atty., James C. Crumlish, Jr., Dist. Atty., Philadelphia, Pa., for appellee.

Before BIGGS, Chief Judge, McLAUGHLIN, Circuit Judge, and SHERIDAN, District Judge.

McLAUGHLIN, Circuit Judge.

This is an appeal from the refusal of the district court to grant appellant's petition for a writ of habeas corpus.

Appellant, DeMoss, was convicted of murder in the first degree in the Court of Quarter Sessions in Philadelphia County, Pennsylvania and sentenced to life imprisonment. The Pennsylvania Supreme Court, Commonwealth v. DeMoss, 401 Pa. 395, 165 A.2d 14 (1960) affirmed and certiorari was...

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