UNITED STATES v. HENDRICK

No. 15128.

347 F.2d 349 (1965)

UNITED STATES of America ex rel. Noah Willis ALTIZER, Appellant, v. Edward J. HENDRICK, Superintendent of Philadelphia County Prisons.

United States Court of Appeals Third Circuit.

Decided June 23, 1965.


Attorney(s) appearing for the Case

Charles H. Frey, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for appellant.

Gordon Gelfond, Asst. Dist. Atty., Philadelphia, Pa., for appellee (Joseph M. Smith, Asst. Dist. Atty., Chief, Appeals Div., F. Emmett Fitzpatrick, Jr., First Asst. Dist. Atty., James C. Crumlish, Jr., Dist. Atty., Philadelphia, Pa., on the brief).

Before KALODNER, HASTIE and FREEDMAN, Circuit Judges.


PER CURIAM.

In this petition of a Pennsylvania prisoner for a writ of habeas corpus it is contended that opportunity to appeal the original convictions in the state courts was abridged by the refusal of the state to provide counsel for the accused. The district court dismissed the petition because this contention had not at any time been submitted to a state court.

On this appeal counsel for the state has represented that the state will cooperate in the obtaining...

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