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UNITED STATES v. MARONEY

No. 14016.

319 F.2d 622 (1963)

UNITED STATES of America ex rel. John Francis BUTLER, Appellant, v. James F. MARONEY, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided June 25, 1963.

Rehearing Denied July 23, 1963.

Attorney(s) appearing for the Case

Marjorie Hanson Matson, Pittsburgh, Pa., for appellant.

William Claney Smith, Asst. Dist. Atty., Allegheny County, Pittsburgh, Pa. (Edward C. Boyle, Dist. Atty. of Allegheny County, Samuel Strauss, Asst. Dist. Atty., Frank P. Lawley, Jr., Deputy Atty. Gen., Pittsburgh, Pa., on the brief), for appellee.

Before KALODNER, HASTIE and GANEY, Circuit Judges.

GANEY, Circuit Judge.

This case comes before this Court from the denial of the petition for writ of habeas corpus in the District Court for the Western District of Pennsylvania.

The appellant, John Francis Butler, was sentenced on May 5, 1958, by the Court of Oyer and Terminer of Northumberland County, to a term of from four to ten years for armed robbery which was to be served in the Eastern Penitentiary. While there interned, he made application for a writ...

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