UNITED STATES v. MYERS

No. 14646.

329 F.2d 856 (1964)

UNITED STATES of America ex rel. Harry CRAIG v. David N. MYERS, Superintendent, State Correctional Institution, Graterford, Pennsylvania, Appellant.

United States Court of Appeals Third Circuit.

Decided April 2, 1964.


Attorney(s) appearing for the Case

John R. Graham, Asst. Dist. Atty. for Delaware County, Media, Pa., for appellant.

Harry Craig, Philadelphia, Pa., for appellee.

Before KALODNER and HASTIE, Circuit Judges, and KIRKPATRICK, District Judge.


HASTIE, Circuit Judge.

This is a federal habeas corpus proceeding in which Harry Craig, a Pennsylvania state prisoner, has claimed that his conviction and sentence for robbery should be invalidated as violative of due process of law because the state refused to provide him with the assistance of counsel. After hearing, the district court granted the writ and ordered Craig's release from custody. The state has appealed.

The allegedly unconstitutional criminal...

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