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WELLER v. RUSSELL

No. 14183.

321 F.2d 848 (1963)

G. Roy WELLER, Sr., Appellant, v. Harry E. RUSSELL, Superintendent, State Correctional Institution at Huntingdon, Huntingdon, Pennsylvania, Appellee.

United States Court of Appeals Third Circuit.

Decided July 23, 1963.

Attorney(s) appearing for the Case

G. Roy Weller, Sr., pro se.

Daniel E. Teeter, Gettysburg, Pa., for appellee.

Before McLAUGHLIN and FORMAN, Circuit Judges, and COOLAHAN, District Judge.

COOLAHAN, District Judge.

The appellant was convicted by a jury in the Court of Oyer and Terminer and General Jail Delivery of Adams County, Pennsylvania on a charge of burglary and larceny on February 12, 1960. He was sentenced to imprisonment for a term of 2½ to not more than 5 years. Said sentence was to commence at the expiration of a prior sentence of 2 to 4 years then being served by him upon his plea of guilty to attempted burglary, possession of burglar...

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