UNITED STATES v. MYERS

Misc. No. 2665.

240 F.Supp. 373 (1964)

UNITED STATES ex rel. Andrew MALLORY v. David N. MYERS, Superintendent State Correctional Institution, Graterford, Pennsylvania.

United States District Court E. D. Pennsylvania.

September 30, 1964.


Attorney(s) appearing for the Case

Paul Carpenter Dewey, Spencer Ervin, Jr. (Court appointed) Philadelphia, Pa., for plaintiff.

James C. Crumlish, Jr., Dist. Atty., Gordon Gelfond, Asst. Dist. Atty., Philadelphia, Pa., for defendant.


HIGGINBOTHAM, District Judge.

This is a petition for a writ of habeas corpus to release relator, Andrew Mallory, from imprisonment in the Pennsylvania State Correctional Institution at Graterford, Pennsylvania.

Relator, who was represented by counsel, was tried before a jury and found guilty of burglary and aggravated assault and battery. On May 23, 1960, he received a sentence of 10 to 20 years on the burglary conviction, and 18 months to three years on the...

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