UNITED STATES v. HENDRICK

No. 14439.

330 F.2d 263 (1964)

UNITED STATES of America ex rel. Carl MELTON, Appellant, v. Edward J. HENDRICK, Superintendent, Philadelphia Prisons.

United States Court of Appeals Third Circuit.

Decided April 3, 1964.


Attorney(s) appearing for the Case

James Francis McCort, Philadelphia, Pa., for appellant.

William H. Wolf, Jr., Philadelphia, Pa. (Arthur J. Marion, Asst. Dist. Atty., Arlen Specter, Asst. Dist. Atty. Chief, Appeals Division, F. Emmett Fitzpatrick, Jr., First Asst. Dist. Atty., James C. Crumlish, Jr., Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and GANEY, Circuit Judges.


KALODNER, Circuit Judge.

This appeal is from the Order of the District Court denying Carl Melton's petition for a writ of habeas corpus which was premised on his contention that he had been subjected to double jeopardy and cruel and inhumane punishment by the Pennsylvania courts in violation of federal constitutional guarantees.

In April, 1959 Melton pleaded guilty and then changed his plea to "Not Guilty" in the robbery slaying of Rose Schloss. A jury found...

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